Clermont Residences Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1832

Clermont Residences Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1832

The modification application satisfies all jurisdictional and statutory requirements for approval: the proposed development remains substantially the same; notification and consultation obligations were met; relevant planning controls and environmental considerations have been properly addressed; and agreement between the parties was reached at conciliation, such that orders granting the modification can be made.

Parties
Applicant: Clermont Residences Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Appeal Modification of Development Consent / Final Orders After Conciliation Conference
Outcome
Appeal upheld; consent granted to modification application
Legal Topics
Development Application Modification, Residential Flat Building, Jurisdictional Requirements, Environmental Planning Instruments
Planning and Environment Development Application Modification Residential Flat Building Jurisdictional Requirements Environmental Planning Instruments

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Parties

Clermont Residences Pty Ltd

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Appeal Modification of Development Consent / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the proposed modification to Development Consent No. DA 177/2020 constitutes substantially the same development as originally approved
  2. 2 Whether jurisdictional requirements under s 4.56 of the Environmental Planning and Assessment Act 1979 are satisfied
  3. 3 Whether the modification complies with relevant planning instruments, including floor space ratio, earthworks, and notification requirements

Ratio Decidendi

The modification application satisfies all jurisdictional and statutory requirements for approval: the proposed development remains substantially the same; notification and consultation obligations were met; relevant planning controls and environmental considerations have been properly addressed; and agreement between the parties was reached at conciliation, such that orders granting the modification can be made.

Court Disposition

Appeal upheld; consent granted to modification application

Orders

  • The appeal is upheld.
  • Consent is granted to Modification Application DA 177/2020/6 and accordingly, Development Consent No. DA 177/2020 is modified in the terms in Annexure A.