Cherice Pty Ltd v Woollahra Municipal Council [2025] NSWLEC 1131

The Court is satisfied that the amended Modification Application meets all statutory and planning requirements, maintains the development substantially the same as originally consented, addresses all merit and jurisdictional issues, and is in the public interest. Modification consent is granted subject to agreed conditions.

Parties: Applicant: Cherice Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction: Australia
Judgment Date: 05 March 2025
Procedural Posture: Modification Application (class 1) / Conciliation Conference and Final Orders
Outcome: Modification application granted; development consent modified.
Legal Topics: Modification of Development Consent, Shop Top Housing, Jurisdictional Preconditions, Statutory Interpretation

Planning Law Environmental Law Modification of Development Consent Shop Top Housing Jurisdictional Preconditions Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1

Parties

Cherice Pty Ltd

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Modification Application (class 1) / Conciliation Conference and Final Orders

Legal Issues

1 Whether the modified development remains substantially the same development as originally consented
2 Whether jurisdictional preconditions under s 4.55 Environmental Planning and Assessment Act 1979 are satisfied
3 Compliance with height and floor space ratio standards

Ratio Decidendi

Court Disposition

Modification application granted; development consent modified.

Orders

Leave granted to Applicant to amend Modification Application DA355/2019/4 in accordance with amended plans and information at Annexure C.
Modification Application granted.