Australian Super Developments Pty Limited v Pittwater Council [2004] NSWLEC 632

Australian Super Developments Pty Limited v Pittwater Council [2004] NSWLEC 632

On the balance of probabilities, the 'All Stages Plan' (Exhibit B to Applicant's Notice of Motion) is representative of Exhibit H for the northern section of the site, as no other plan before the Court reflects the access as built and the parties agree on Exhibit 2's identity.

Jurisdiction
Australia
Judgment Date
12 November 2004
Procedural Posture
Class 1 Proceedings Application to Modify Development Consent / Judgment on Notice of Motion Regarding Identification of Exhibit H
Outcome
Applicant succeeds on identification of Exhibit H for purposes of modification application.
Legal Topics
['modification of Development Consent' 'identification of Plans Forming Part of Development Consent']
['planning and Environment'] ['modification of Development Consent' 'identification of Plans Forming Part of Development Consent']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Proceedings Application to Modify Development Consent / Judgment on Notice of Motion Regarding Identification of Exhibit H

Legal Issues

  1. 1 ["Whether the 'All Stages Plan' is reflective of Exhibit H referenced in the original development consent conditions" 'Whether the modified plans give effect to the lost development consent plan']

Ratio Decidendi

On the balance of probabilities, the 'All Stages Plan' (Exhibit B to Applicant's Notice of Motion) is representative of Exhibit H for the northern section of the site, as no other plan before the Court reflects the access as built and the parties agree on Exhibit 2's identity.

Court Disposition

Applicant succeeds on identification of Exhibit H for purposes of modification application.

Orders

  • ["Order that the 'All Stages Plan' (Exhibit B to Applicant's Notice of Motion) reflects Exhibit H referenced in condition 14 of the 1982 development consent." 'Parties to file agreed terms of orders within seven days, including reservation of costs.']