Bellevue Road Holdings Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1710

Bellevue Road Holdings Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1710

The jurisdictional prerequisites for modification under s 4.56 of the Environmental Planning and Assessment Act 1979 are satisfied; the modification will result in substantially the same development and all procedural requirements have been addressed. Therefore, the Court is required to uphold the appeal and make orders in the terms agreed by the parties.

Parties
Applicant: Bellevue Road Holdings Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
06 November 2024
Procedural Posture
Class 1 Appeal / Final Determination Following Conciliation Conference
Outcome
Appeal upheld and modification granted
Legal Topics
Modification of Development Consent, Jurisdictional Prerequisites, Conciliation Conference, Section 34 Agreements
Environmental Law Planning Law Modification of Development Consent Jurisdictional Prerequisites Conciliation Conference Section 34 Agreements

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Parties

Bellevue Road Holdings Pty Ltd

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Class 1 Appeal / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether the proposed modification is substantially the same development as originally approved
  2. 2 Whether jurisdictional prerequisites under s 4.56 Environmental Planning and Assessment Act 1979 are satisfied
  3. 3 Whether agreed conditions between parties are able to be given effect by the Court

Ratio Decidendi

The jurisdictional prerequisites for modification under s 4.56 of the Environmental Planning and Assessment Act 1979 are satisfied; the modification will result in substantially the same development and all procedural requirements have been addressed. Therefore, the Court is required to uphold the appeal and make orders in the terms agreed by the parties.

Court Disposition

Appeal upheld and modification granted

Orders

  • The appeal is upheld.
  • Modification Application 216/2021/3 is approved and development Consent No. DA2021/216/1 is modified in the terms in Annexure A.