Clermont Residences Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1293

Clermont Residences Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1293

The proposal for modification satisfied statutory requirements, remained substantially the same development, and the parties' agreement could properly be made by the Court under the Environmental Planning and Assessment Act 1979 and the Land and Environment Court Act 1979.

Parties
Applicant: Clermont Residences Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
14 June 2023
Procedural Posture
Appeal / Order After Conciliation Conference
Outcome
Appeal upheld; development consent modified in accordance with the parties' agreement.
Legal Topics
Modification Application, Development Consent, Conciliation Conference, Jurisdictional Pre Requisites
Planning and Environment Law Modification Application Development Consent Conciliation Conference Jurisdictional Pre Requisites

Case Brief

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Parties

Clermont Residences Pty Ltd

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Appeal / Order After Conciliation Conference

Legal Issues

  1. 1 Whether the proposed modification application satisfied the requirements of s 4.55(2) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the proposed development as modified is substantially the same as the originally approved development
  3. 3 Whether jurisdictional pre-requisites for modification had been met

Ratio Decidendi

The proposal for modification satisfied statutory requirements, remained substantially the same development, and the parties' agreement could properly be made by the Court under the Environmental Planning and Assessment Act 1979 and the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent modified in accordance with the parties' agreement.

Orders

  • The appeal is upheld.
  • Development Consent No. 177/2020, as modified, is further modified by Modification Application No. 177/2020/3, subject to the consolidated conditions of consent at Annexure A.