Mellick v Woollahra Municipal Council [2024] NSWLEC 1427

Mellick v Woollahra Municipal Council [2024] NSWLEC 1427

The only change sought was the colour of external timber joinery, which did not alter the approved use or built form and had minimal environmental impact. The agreement satisfied all jurisdictional requirements and was one the Court could have made, so the appeal to modify the consent should be upheld.

Parties
Applicant: Charles Mellick; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
25 July 2024
Procedural Posture
Class 1 Modification Appeal / Post Conciliation, Final Orders
Outcome
Appeal upheld; development consent modified accordingly.
Legal Topics
Modification of Development Consent, Heritage Impact, Materials and Finishes, Conciliation Conferences
Planning and Environment Law Modification of Development Consent Heritage Impact Materials and Finishes Conciliation Conferences

Case Brief

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Parties

Charles Mellick

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Class 1 Modification Appeal / Post Conciliation, Final Orders

Legal Issues

  1. 1 Whether proposed modification (deletion of condition C.12(h)) to development consent DA2019/252 should be allowed
  2. 2 Whether the development as modified remains substantially the same as originally approved
  3. 3 Whether the modification has a minimal environmental impact

Ratio Decidendi

The only change sought was the colour of external timber joinery, which did not alter the approved use or built form and had minimal environmental impact. The agreement satisfied all jurisdictional requirements and was one the Court could have made, so the appeal to modify the consent should be upheld.

Court Disposition

Appeal upheld; development consent modified accordingly.

Orders

  • The appeal is upheld.
  • Development Consent No DA2019/252 is modified in the terms set out in Annexure A.