East Coast Property Development Pty Ltd ATF East Coast Property development Unit Trust v Northern Beaches Council [2024] NSWLEC 1795

East Coast Property Development Pty Ltd ATF East Coast Property development Unit Trust v Northern Beaches Council [2024] NSWLEC 1795

The modifications proposed are minor, do not change the fundamental character of the original development, and do not have any adverse environmental consequences. The jurisdictional prerequisites under s 4.55 of the EPA Act are satisfied, and all relevant planning considerations have been addressed. Therefore, the agreement between the parties is an outcome the Court could have ordered, justifying disposal of the proceedings in those terms.

Parties
Applicant: East Coast Property Development Pty Ltd ATF East Coast Property development Unit Trust; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
11 December 2024
Procedural Posture
Modification Application (class 1) / Final Orders Following Conciliation Conference
Outcome
Application granted; development consent modified
Legal Topics
Modification of Development Consent, Seniors Housing, Conciliation Conference, Class 1 Proceedings
Planning and Environment Law Modification of Development Consent Seniors Housing Conciliation Conference Class 1 Proceedings

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Parties

East Coast Property Development Pty Ltd ATF East Coast Property development Unit Trust

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Modification Application (class 1) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the proposed modifications result in development substantially the same as originally approved
  2. 2 Whether the modification complies with relevant planning instruments and notification requirements

Ratio Decidendi

The modifications proposed are minor, do not change the fundamental character of the original development, and do not have any adverse environmental consequences. The jurisdictional prerequisites under s 4.55 of the EPA Act are satisfied, and all relevant planning considerations have been addressed. Therefore, the agreement between the parties is an outcome the Court could have ordered, justifying disposal of the proceedings in those terms.

Court Disposition

Application granted; development consent modified

Orders

  • The application is granted.
  • Development consent DA2021/1805 is modified in the terms in Annexure A.