Hallak v Woollahra Municipal Council [2022] NSWLEC 1716
The modifications to colour scheme and materials/finishes do not amount to more than minor external changes and maintain the development as substantially the same as approved. The court is satisfied that making orders in terms agreed between the parties is proper under s 34(3) of the Land and Environment Court Act 1979.
- Jurisdiction
- Australia
- Judgment Date
- 20 December 2022
- Procedural Posture
- Appeal / Final Orders After Conciliation Conference
- Outcome
- Appeal upheld
- Legal Topics
- ['modification Application' 'development Consent' 'conciliation Conference' 'building Information Certificate']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Final Orders After Conciliation Conference
Legal Issues
- 1 ['Whether the proposed modification maintains the development as substantially the same as originally approved' 'Whether the modification application meets the relevant statutory requirements for approval']
Ratio Decidendi
The modifications to colour scheme and materials/finishes do not amount to more than minor external changes and maintain the development as substantially the same as approved. The court is satisfied that making orders in terms agreed between the parties is proper under s 34(3) of the Land and Environment Court Act 1979.
Court Disposition
Appeal upheld
Orders
- ['The appeal is upheld' 'Modification Application 179/2017/2 is approved and Development Consent No DA-179/2017 is modified in the terms in Annexure A' 'Development Consent No 179/2017, as modified by the Court, is Annexure B']
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