Caringbah Bowling & Recreation Club Ltd v Sutherland Shire Council [2023] NSWLEC 1305

Caringbah Bowling & Recreation Club Ltd v Sutherland Shire Council [2023] NSWLEC 1305

The modification application was accepted on the basis that the proposed changes are of minimal environmental impact and the development remains substantially the same as the original approval, and the parties' agreement is one the Court could make in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
16 June 2023
Procedural Posture
Appeal / Conciliation Conference and Orders
Outcome
Appeal upheld; development consent modified
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference']
['planning and Environment'] ['modification Application' 'development Consent' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference and Orders

Legal Issues

  1. 1 ['Whether modification application MA22/0287 meets statutory requirements' 'Whether the proposed modification has minimal environmental impact' 'Whether the modified development is substantially the same as originally approved']

Ratio Decidendi

The modification application was accepted on the basis that the proposed changes are of minimal environmental impact and the development remains substantially the same as the original approval, and the parties' agreement is one the Court could make in the proper exercise of its functions.

Court Disposition

Appeal upheld; development consent modified

Orders

  • ['The appeal is upheld.' 'Modification Application No MA22/0287 modifies Development Consent No DA21/0629, subject to consolidated conditions at Annexure A.']