117 O’Sullivan Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1348

117 O’Sullivan Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1348

The appeal was upheld and the modification application approved as the Court was satisfied the statutory preconditions for modification were met and the parties' agreed resolution was one the Court could properly make.

Parties
Applicant: 117 O'Sullivan Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
08 July 2022
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; modification application approved
Legal Topics
Modification Application, Appeal, Jurisdictional Pre Requisites, Conciliation Conference, Development Consent
Planning and Environment Modification Application Appeal Jurisdictional Pre Requisites Conciliation Conference Development Consent

Case Brief

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Parties

117 O'Sullivan Pty Ltd

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether Modification Application 416/2020-3 should be approved and development consent modified
  2. 2 Whether jurisdictional pre-requisites for modification under s 4.56 of the EPA Act are satisfied

Ratio Decidendi

The appeal was upheld and the modification application approved as the Court was satisfied the statutory preconditions for modification were met and the parties' agreed resolution was one the Court could properly make.

Court Disposition

Appeal upheld; modification application approved

Orders

  • The appeal is upheld.
  • Modification Application 416/2020-3 is approved and development Consent No. DA-416/2020 is modified in the terms in Annexure A.