Alanto Investments Pty Ltd v Randwick City Council [2000] NSWLEC 74

Alanto Investments Pty Ltd v Randwick City Council [2000] NSWLEC 74

The application to modify the original consent to include a strata plan is refused because the plan did not exist at the time of consent, no error or omission within s 96(1) of the Environmental Planning and Assessment Act 1979 was established, and the approval sought is under a different legislative regime.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 April 2000
Procedural Posture
Modification of Development Consent Proceedings / Judgment on Application to Modify Development Consent
Outcome
Application for modification refused.
Legal Topics
['development Consent' 'modification of Consent' 'strata Subdivision']
['planning and Environment Law'] ['development Consent' 'modification of Consent' 'strata Subdivision']

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Procedural Posture

Modification of Development Consent Proceedings / Judgment on Application to Modify Development Consent

Legal Issues

  1. 1 ['Whether development consent modification may include approval of an additional strata plan under separate legislation' 'Whether omission of strata plan can be corrected as minor error, misdescription or miscalculation under s 96(1) Environmental Planning and Assessment Act 1979']

Ratio Decidendi

The application to modify the original consent to include a strata plan is refused because the plan did not exist at the time of consent, no error or omission within s 96(1) of the Environmental Planning and Assessment Act 1979 was established, and the approval sought is under a different legislative regime.

Court Disposition

Application for modification refused.

Orders

  • ['Application for modification of orders made on 3 March 1995 as modified by orders dated 10 December 1996 is refused.' 'Exhibits may be returned.']