Collaroy Street Pty Ltd v Northern Beaches Council [2023] NSWLEC 1555

Collaroy Street Pty Ltd v Northern Beaches Council [2023] NSWLEC 1555

The appeal is upheld and development consent modified because the amended modification application is substantially the same as the originally approved development, complies with relevant planning instruments and policies, satisfies all jurisdictional requirements, and the amendments address concerns including construction impact on neighbouring property. Parties’ agreement reached at conciliation conference is adopted by the Court as a proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
22 September 2023
Procedural Posture
Class 1 Appeal Under Environmental Planning and Assessment Act 1979 S 8.9 / Judgment Following Agreed Conciliation Conference
Outcome
Appeal upheld; development consent modified
Legal Topics
['development Consent Modification' 'shop Top Housing' 'residential Apartment Development']
['planning and Environment Law'] ['development Consent Modification' 'shop Top Housing' 'residential Apartment Development']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Under Environmental Planning and Assessment Act 1979 S 8.9 / Judgment Following Agreed Conciliation Conference

Legal Issues

  1. 1 ['Whether the modification application is substantially the same development as the original consent' 'Whether all jurisdictional prerequisites for modifying development consent are met' 'Whether the proposed modifications comply with relevant planning instruments and policies']

Ratio Decidendi

The appeal is upheld and development consent modified because the amended modification application is substantially the same as the originally approved development, complies with relevant planning instruments and policies, satisfies all jurisdictional requirements, and the amendments address concerns including construction impact on neighbouring property. Parties’ agreement reached at conciliation conference is adopted by the Court as a proper exercise of its functions.

Court Disposition

Appeal upheld; development consent modified

Orders

  • ['Leave granted to Applicant to amend DA2020/1453 and rely on the amended plans and documents listed at Condition 1B of Annexure A.' 'The appeal is upheld.' 'Development Consent DA2020/1453 is modified in the terms set out at Annexure A.' 'Development Consent DA2020/1453 as modified by the Court is set out at...