Australian Catholic University Limited v Minister for Planning and Infrastructure

Land and Environment Court New South Wales Medium Neutral Citation: Australian Catholic University Limited v Minister for Planning and Infrastructure and Anor [2015] NSWLEC 1174 Hearing dates:21 May 2015Date of orders: 21 May 2015 Decision date: 21 May 2015 Jurisdiction:Class 1Before: Fakes C, O’Neill C Decision: 1. The Notice of Motion to amend Condition A5 of Schedule 2 [Part A – Terms of Approval] handed down with the reasons for judgment on 18 November 2014, is upheld.2. The amended terms of Condition A5 of Schedule 2 [Part A Terms of Approval] are as set out in ‘Schedule A’ as attached.3. The consolidated Modified Manner of Approval is attached as Schedule ‘B’. Catchwords: PRACTICE AND PROCEDURE: application to amend conditions of consent Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Australian Catholic University Limited v Minister for Planning and Infrastructure [2014] NSWLEC 1238. Category:Principal judgmentParties: Australian Catholic University Limited (Applicant) Minister for Planning and Infrastructure (First Respondent) Strathfield Municipal Council (Second Respondent) Representation: Counsel: Applicant: Mr D Miller SC First Respondent: Ms J Smith (Solicitor) Second Respondent: Mr D Baird (Solicitor) Solicitors: Applicant: Clayton Utz First Respondent: Department of Planning and Infrastructure Second Respondent: HWL Ebsworth Lawyers File Number(s):10350 of 2013Judgment COMMISSIONERS: In November 2014, in Australian Catholic University Limited v Minister for Planning and Infrastructure and Anor [2014] NSWLEC 1238 (the judgment), the Court granted conditional approval for the Concept Plan application for the proposed upgrading of the Australian Catholic University at 167-169 Albert Road, and 179 Albert Road...