Collaroy Living Pty Ltd v Northern Beaches Council [2025] NSWLEC 1113

Collaroy Living Pty Ltd v Northern Beaches Council [2025] NSWLEC 1113

Because the Amended Modification Application is substantially the same as the development originally approved, satisfies the requirements of s 4.55 of the EPA Act, relevant heads of consideration have been addressed, and agreement has been reached between the parties in accordance with s 34(3) of the LEC Act, the appeal is upheld and the modification approved as agreed.

Parties
Applicant: Collaroy Living Pty Ltd; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
26 February 2025
Procedural Posture
Class 1 Appeal Modification Application / Final Judgment After Conciliation Conference
Outcome
Appeal upheld; modification application approved
Legal Topics
Modification of Development Consent, Appeals From Local Government Decisions, Seniors Housing Development, Conciliation and Agreement Between Parties
Environmental Law Planning Law Administrative Law Modification of Development Consent Appeals From Local Government Decisions Seniors Housing Development Conciliation and Agreement Between Parties

Case Brief

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Parties

Collaroy Living Pty Ltd

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Class 1 Appeal Modification Application / Final Judgment After Conciliation Conference

Legal Issues

  1. 1 Whether the Court should approve the amended modification application to Development Consent DA2023/0868 for seniors housing at 37-43 Hay Street, Collaroy, under s 4.55 of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the Amended Modification Application is substantially the same development for the purposes of s 4.55(2)(a) of the EPA Act
  3. 3 Whether the process and statutory preconditions for granting a modification have been satisfied

Ratio Decidendi

Because the Amended Modification Application is substantially the same as the development originally approved, satisfies the requirements of s 4.55 of the EPA Act, relevant heads of consideration have been addressed, and agreement has been reached between the parties in accordance with s 34(3) of the LEC Act, the appeal is upheld and the modification approved as agreed.

Court Disposition

Appeal upheld; modification application approved

Orders

  • The appeal is upheld.
  • Pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979, Modification Application Mod2024/0445, as amended, for changes to the internal floor plan of a number of approved units to increase their area, provide for minor changes to landscaping, modify the roof structure to incorporate skylights and...