Marks v Willoughby City Council [2022] NSWLEC 1142

Marks v Willoughby City Council [2022] NSWLEC 1142

The appeal was upheld and modification application approved because the proposed works are substantially the same as the original development, all jurisdictional requirements for notification, consultation, and owner's consent were satisfied, and the parties agreed to the amended plans; as such, the Court exercised its power under s 4.55 and s 39(2).

Jurisdiction
Australia
Judgment Date
21 March 2022
Procedural Posture
Appeal (class 1, Land and Environment Court) / Final Determination Following Agreement Before Conciliation Conference
Outcome
Appeal upheld, modification application approved, owner's consent granted
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' "owner's Consent"]
['planning and Environment'] ['modification Application' 'development Consent' 'conciliation Conference' "owner's Consent"]

Case Brief

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Procedural Posture

Appeal (class 1, Land and Environment Court) / Final Determination Following Agreement Before Conciliation Conference

Legal Issues

  1. 1 ['Whether the modification application may be approved under s 4.55 of the Environmental Planning and Assessment Act 1979' "Whether owner's consent for works in the public road reserve may be granted by the Court" "Whether the development as modified is 'substantially the same' as originally approved" 'Whether jurisdictional requirements under the Act are satisfied']

Ratio Decidendi

The appeal was upheld and modification application approved because the proposed works are substantially the same as the original development, all jurisdictional requirements for notification, consultation, and owner's consent were satisfied, and the parties agreed to the amended plans; as such, the Court exercised its power under s 4.55 and s 39(2).

Court Disposition

Appeal upheld, modification application approved, owner's consent granted

Orders

  • ["Owner's consent granted for nominated works in The Bulwark road reservation as referred in Annexure A" 'Appeal upheld' 'Modification Application No. DA-2015/501/B approved' 'Development Consent No. DA-2015/501 modified per Annexure A' 'Consolidated conditions as modified set out in Annexure B']