APlus Architecture Pty Ltd v Willoughby City Council [2024] NSWLEC 1514

APlus Architecture Pty Ltd v Willoughby City Council [2024] NSWLEC 1514

The amended Modification Application DA-2022/2 satisfies all statutory and jurisdictional prerequisites, remains substantially the same as the original consent, is consistent with planning instruments and flood mitigation requirements, and is disposed of in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
23 August 2024
Procedural Posture
Modification Application / Final Judgment Following Conciliation Conference
Outcome
Modification Application approved by consent; orders made as agreed by the parties.
Legal Topics
['modification of Development Consent' 'retail Development' 'flood Mitigation' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment'] ['modification of Development Consent' 'retail Development' 'flood Mitigation' 'conciliation Conference' 'agreement Between Parties']

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Procedural Posture

Modification Application / Final Judgment Following Conciliation Conference

Legal Issues

  1. 1 ['Whether proposed modifications to Development Consent DA-2022/2 are permissible under s 4.55(2) of the Environmental Planning and Assessment Act 1979' 'Whether jurisdictional prerequisites for modification under the Environmental Planning and Assessment Act and associated instruments are satisfied' 'Consistency of modifications with relevant planning instruments including Willoughby Local Environmental Plan 2012 and State Environmental Planning Policies' 'Adequacy of flood mitigation measures in retail development']

Ratio Decidendi

The amended Modification Application DA-2022/2 satisfies all statutory and jurisdictional prerequisites, remains substantially the same as the original consent, is consistent with planning instruments and flood mitigation requirements, and is disposed of in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Modification Application approved by consent; orders made as agreed by the parties.

Orders

  • ['Leave granted to Applicant to amend Modification Application DA-2022/2 and rely upon amended plans and documents referred to at Condition 2 of Annexure A.' 'Development Consent DA-2022/2 is modified in terms set out at Annexure A.' 'Development Consent DA-2022/2 (as modified) is subject to consolidated conditions...