Cavcorp Australia Pty Ltd v Hunters Hill Council (No 3) [2022] NSWLEC 1003

The Court accepted the parties' agreed conditions as properly reflecting the earlier reasons for judgment and granted the application to further modify the development consent in those terms.

Jurisdiction: Australia
Judgment Date: 06 January 2022
Procedural Posture: Modification Application (class 1) / Final Determination of Dispute Over Conditions
Outcome: Application granted; development consent modified
Legal Topics: ['modification of Development Consent' 'conditions of Consent' 'compliance With Development Approval']

['planning and Environment'] ['modification of Development Consent' 'conditions of Consent' 'compliance With Development Approval']

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Procedural Posture

Modification Application (class 1) / Final Determination of Dispute Over Conditions

Legal Issues

1 ['Whether the development consent should be further modified under s 4.55(8) of the Environmental Planning and Assessment Act 1979' "Whether the conditions reflect the Court's earlier reasons for judgment" 'Dispute over agreed and amended conditions of consent']

Ratio Decidendi

The Court accepted the parties' agreed conditions as properly reflecting the earlier reasons for judgment and granted the application to further modify the development consent in those terms.

Court Disposition

Application granted; development consent modified

Orders

['The application to further modify the development consent is granted in the terms in Annexure A.' 'The development consent is now in the form of Annexure B.' 'Exhibits be returned other than B, 1R1 and 2R1.']