Douglas Gordon v Woollahra Municipal Council [1989] NSWLEC 176
The proposed modification was not substantially the same as the development for which consent was originally granted, and the applicant did not satisfy the Court that there would be no prejudice to persons who objected to the original application. Accordingly, the application must be refused.
- Parties
- Applicant: Douglas Gordon; Respondent: Woollahra Municipal Council
- Jurisdiction
- Australia
- Judgment Date
- 01 April 1989
- Procedural Posture
- Application to Modify Development Consent / Judgment at First Instance
- Outcome
- application for modification refused
- Legal Topics
- Modification of Development Consent, Use of Premises, Objector Prejudice
Case Brief
Summary, issues, holding and outcome
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Parties
Douglas Gordon
Applicant
Woollahra Municipal Council
Respondent
Procedural Posture
Application to Modify Development Consent / Judgment at First Instance
Legal Issues
- 1 Whether the proposed modification results in a development substantially the same as the original consented development
- 2 Whether objectors would be prejudiced if the modification is allowed
Ratio Decidendi
The proposed modification was not substantially the same as the development for which consent was originally granted, and the applicant did not satisfy the Court that there would be no prejudice to persons who objected to the original application. Accordingly, the application must be refused.
Court Disposition
application for modification refused
Orders
- Application for modification under s.102 refused.
Full Case Text
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