Mellick v Woollahra Municipal Council [2024] NSWLEC 1625

Mellick v Woollahra Municipal Council [2024] NSWLEC 1625

The parties reached agreement at conciliation and the proposed orders could properly be made by the Court as the modifications are minor, internal, and satisfy statutory requirements including environmental, heritage, and notification considerations. The appeal is upheld and the development consent is modified accordingly.

Parties
Applicant: Charles Mellick; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
08 October 2024
Procedural Posture
Development Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; Development Consent modified as agreed.
Legal Topics
Modification Application, Development Consent, Heritage, Local Environmental Plan, Conciliation Conference
Planning and Environment Law Modification Application Development Consent Heritage Local Environmental Plan Conciliation Conference

Case Brief

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Parties

Charles Mellick

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Development Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the amendment to Development Consent No DA2019/252 should be approved under s 4.55(1A) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the proposed modifications impact heritage significance
  3. 3 Whether the development as modified is substantially the same as originally approved

Ratio Decidendi

The parties reached agreement at conciliation and the proposed orders could properly be made by the Court as the modifications are minor, internal, and satisfy statutory requirements including environmental, heritage, and notification considerations. The appeal is upheld and the development consent is modified accordingly.

Court Disposition

Appeal upheld; Development Consent modified as agreed.

Orders

  • The appeal is upheld.
  • Development Consent No DA2019/252 is modified under s 4.55(1A) Environmental Planning and Assessment Act 1979 in the terms in Annexure A.