Oberman v Woollahra Municipal Council [2023] NSWLEC 1250

Oberman v Woollahra Municipal Council [2023] NSWLEC 1250

The decision is made pursuant to the Court's satisfaction that statutory and jurisdictional requirements for approval of the modification application were met, the proposed modifications constitute substantially the same development, and agreement between parties was reached at conciliation conference.

Jurisdiction
Australia
Judgment Date
24 May 2023
Procedural Posture
Development Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; modification application approved; development consent modified as per agreement.
Legal Topics
['development Application' 'modification of Development Consent' 'conciliation Conference']
['planning Law' 'environmental Law'] ['development Application' 'modification of Development Consent' 'conciliation Conference']

Case Brief

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Procedural Posture

Development Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed modifications are permissible under s 4.55(2) of the Environmental Planning and Assessment Act 1979' 'Whether the modifications are substantially the same development as originally approved' 'Consideration of jurisdictional prerequisites for modified consent']

Ratio Decidendi

The decision is made pursuant to the Court's satisfaction that statutory and jurisdictional requirements for approval of the modification application were met, the proposed modifications constitute substantially the same development, and agreement between parties was reached at conciliation conference.

Court Disposition

Appeal upheld; modification application approved; development consent modified as per agreement.

Orders

  • ['The appeal is upheld.' 'Modification application DA/419/2021/2 is approved; development consent DA/419/2021 is modified as set out in Annexure A.' 'Development Consent No DA/419/2021 as modified is Annexure B.']