47 Boronia Street Pty Ltd v Georges River Council [2021] NSWLEC 1173

47 Boronia Street Pty Ltd v Georges River Council [2021] NSWLEC 1173

The Court is satisfied that the Proposed Modification Application is substantially the same as the original development consent, with jurisdictional prerequisites fulfilled, thereby allowing the modification under s 4.55(2) of the Environmental Planning and Assessment Act 1979.

Jurisdiction
Australia
Judgment Date
12 April 2021
Procedural Posture
Class 1 Residential Development Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld. Development consent modified.
Legal Topics
['modification of Development Consent' 'dual Occupancy' 'conciliation Conference' 'jurisdictional Prerequisites']
['planning and Environment Law'] ['modification of Development Consent' 'dual Occupancy' 'conciliation Conference' 'jurisdictional Prerequisites']

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Procedural Posture

Class 1 Residential Development Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the Proposed Modification Application is substantially the same development as the original development consent under s 4.55(2) of the Environmental Planning and Assessment Act 1979' 'Whether jurisdictional prerequisites for modification have been satisfied']

Ratio Decidendi

The Court is satisfied that the Proposed Modification Application is substantially the same as the original development consent, with jurisdictional prerequisites fulfilled, thereby allowing the modification under s 4.55(2) of the Environmental Planning and Assessment Act 1979.

Court Disposition

Appeal upheld. Development consent modified.

Orders

  • ["The applicant is granted leave to rely upon the amended plans and documentation referred to in Condition 1 of the consolidated conditions of consent at annexure 'A', including the architectural plans at annexure 'B' and the landscape plans at annexure 'C'." 'The appeal is upheld.' "Development Consent DA2017/0579...