Conquest Constructions (NSW) Pty Ltd v Sutherland Shire Council [2011] NSWLEC 1163

Conquest Constructions (NSW) Pty Ltd v Sutherland Shire Council [2011] NSWLEC 1163

The proposed modifications, including retention of the public laneway dedication and agreed amendments to conditions, result in development that is substantially the same as the originally approved development. The requirements of s 96(2) and s 96(3) of the Environmental Planning and Assessment Act 1979 and relevant planning considerations are satisfied, warranting approval of the modification application in part.

Jurisdiction
Australia
Judgment Date
29 April 2011
Procedural Posture
Class 1 Appeal / Determination of Appeal Pursuant to S 96(6) of the Environmental Planning and Assessment Act 1979
Outcome
Appeal upheld in part
Legal Topics
['development Modification' 'mixed Commercial/residential Building' 'dedication of Laneway' 'substantial Similarity Test' 'development Consent Conditions']
['planning and Environment Law'] ['development Modification' 'mixed Commercial/residential Building' 'dedication of Laneway' 'substantial Similarity Test' 'development Consent Conditions']

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Procedural Posture

Class 1 Appeal / Determination of Appeal Pursuant to S 96(6) of the Environmental Planning and Assessment Act 1979

Legal Issues

  1. 1 ['Whether the proposed modified development is substantially the same as the originally approved development under s 96(2) of the Environmental Planning and Assessment Act 1979' 'Whether conditions relating to the dedication of a public laneway and road frontage works should be modified or deleted']

Ratio Decidendi

The proposed modifications, including retention of the public laneway dedication and agreed amendments to conditions, result in development that is substantially the same as the originally approved development. The requirements of s 96(2) and s 96(3) of the Environmental Planning and Assessment Act 1979 and relevant planning considerations are satisfied, warranting approval of the modification application in part.

Court Disposition

Appeal upheld in part

Orders

  • ['Development consent DA10/0640 is modified in accordance with Annexure A.' 'The exhibits may be returned, except exhibits A, B and 3.' 'No order as to costs.']