Blainey North & Associates Pty Ltd v Woollahra Municipal Council (No 2) [2021] NSWLEC 1678

Blainey North & Associates Pty Ltd v Woollahra Municipal Council (No 2) [2021] NSWLEC 1678

The amended Modification Application was filed with the Court and the conditions of consent were filed. The Court was satisfied that the Modification Application, as amended, and the conditions of consent accorded with the Principal Judgment, and therefore made orders upholding the appeal and granting consent subject to conditions.

Jurisdiction
Australia
Judgment Date
08 November 2021
Procedural Posture
Class 1 Appeal Concerning Modification Application DA 272/2019/2 / Final Orders Following Principal Judgment
Outcome
Appeal upheld; consent granted to Modification Application DA-272/2019/2, as amended, subject to conditions.
Legal Topics
['modification Application' 'dwelling House' 'heritage Conservation Area' 'conditions of Consent']
['planning and Environment' 'heritage'] ['modification Application' 'dwelling House' 'heritage Conservation Area' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Modification Application DA 272/2019/2 / Final Orders Following Principal Judgment

Legal Issues

  1. 1 ['Whether the Modification Application, as amended, and conditions of consent accorded with the Principal Judgment so that final orders could be made.']

Ratio Decidendi

The amended Modification Application was filed with the Court and the conditions of consent were filed. The Court was satisfied that the Modification Application, as amended, and the conditions of consent accorded with the Principal Judgment, and therefore made orders upholding the appeal and granting consent subject to conditions.

Court Disposition

Appeal upheld; consent granted to Modification Application DA-272/2019/2, as amended, subject to conditions.

Orders

  • ['The Appeal is upheld.' 'Consent is granted to Modification Application DA-272/2019/2, as amended, for alterations and additions to the existing terrace dwelling at 7 Paddington Street, Paddington, subject to conditions set out in Annexures A and B.' 'The exhibits are returned, except for C, 1 and 2.']