DA No. 9 Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1089

DA No. 9 Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1089

The Court is satisfied the modified development is substantially the same development as originally granted consent, and the statutory prerequisites for considering, notification, and approving the modification have been met. Therefore, pursuant to the agreement reached by the parties under s 34(3) of the LEC Act, the appeal is upheld and the development consent is modified subject to conditions.

Parties
Applicant: DA No. 9 Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
02 March 2023
Procedural Posture
Appeal / Judgment Following Conciliation Conference
Outcome
Appeal upheld
Legal Topics
Modification Application, Seniors Living Development, Conciliation Conference, Appeal Process
Planning and Environment Modification Application Seniors Living Development Conciliation Conference Appeal Process

Case Brief

Summary, issues, holding and outcome

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Parties

DA No. 9 Pty Ltd

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Appeal / Judgment Following Conciliation Conference

Legal Issues

  1. 1 Whether the proposed modification renders the development substantially the same as originally approved
  2. 2 Compliance with statutory requirements for modification applications

Ratio Decidendi

The Court is satisfied the modified development is substantially the same development as originally granted consent, and the statutory prerequisites for considering, notification, and approving the modification have been met. Therefore, pursuant to the agreement reached by the parties under s 34(3) of the LEC Act, the appeal is upheld and the development consent is modified subject to conditions.

Court Disposition

Appeal upheld

Orders

  • Development Consent No. DA404/2017 is modified in the terms in Annexure A.
  • Development Consent No. DA404/2017 as modified by the Court is Annexure B.