Duke Developments Australia 2 Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1154

Duke Developments Australia 2 Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1154

The proposed modifications, both qualitatively and quantitatively, do not materially alter the essential elements of the originally approved development and the application is therefore within power. The agreement reached at conciliation is appropriate and should be given effect in accordance with statutory requirements.

Jurisdiction
Australia
Judgment Date
29 March 2021
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; consent granted to the modification application subject to conditions.
Legal Topics
['modification Application' 'residential Flat Building' 'design Changes' 'conciliation Conference' 'substantially the Same Development']
['planning and Environment Law'] ['modification Application' 'residential Flat Building' 'design Changes' 'conciliation Conference' 'substantially the Same 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

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed modifications result in a development that is substantially the same as the originally approved development' 'Whether leave should be granted to amend the modification application' 'Whether consent should be granted to the modification application as amended']

Ratio Decidendi

The proposed modifications, both qualitatively and quantitatively, do not materially alter the essential elements of the originally approved development and the application is therefore within power. The agreement reached at conciliation is appropriate and should be given effect in accordance with statutory requirements.

Court Disposition

Appeal upheld; consent granted to the modification application subject to conditions.

Orders

  • ['The applicant is granted leave to amend the Modification Application to rely upon the amended plans referred to in condition 1 of Annexure A.' 'The appeal is upheld.' 'Modification Application MA20/0027 for a 5-storey residential flat building comprising 9 units and a strata subdivision at Lots 1 and 2 in DP...