AHR Group Pty Ltd v Randwick City Council [2018] NSWLEC 1385

AHR Group Pty Ltd v Randwick City Council [2018] NSWLEC 1385

The proceeding was disposed of by orders reflecting the agreement reached under s 34(3) of the Land and Environment Court Act 1979, with leave granted to amend the modification application and the modified development consent approved accordingly.

Jurisdiction
Australia
Judgment Date
19 July 2018
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld by consent; modified development consent granted as per agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application Modification' 'conciliation Conference' 'judicial Orders']
['planning and Environment Law'] ['development Application Modification' 'conciliation Conference' 'judicial Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to amend the modification application' 'Whether the proposed modifications to DA 399/2016 should be approved']

Ratio Decidendi

The proceeding was disposed of by orders reflecting the agreement reached under s 34(3) of the Land and Environment Court Act 1979, with leave granted to amend the modification application and the modified development consent approved accordingly.

Court Disposition

Appeal upheld by consent; modified development consent granted as per agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['The applicant is granted leave to amend the modification application and to rely on specified amended plans by CSA Architects.' 'The Appeal is upheld.' 'The modifications sought, as amended, to development consent DA 399/2016 are approved subject to a schedule of modified and consolidated conditions (Annexures A...