Frangipani 88 Development Pty Ltd v Blacktown City Council [2021] NSWLEC 1240

Frangipani 88 Development Pty Ltd v Blacktown City Council [2021] NSWLEC 1240

The Court was satisfied that the proposed modification to the external presentation and materials of the approved development does not alter its essential elements and the development as modified is substantially the same as originally approved. An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached and the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
12 May 2021
Procedural Posture
Modification Application Appeal (class 1) / Final Judgment After Conciliation Conference
Outcome
Appeal upheld; modification application approved subject to conditions
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'approval Conditions']
['planning and Environment Law'] ['modification Application' 'development Consent' 'conciliation Conference' 'approval Conditions']

Case Brief

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Procedural Posture

Modification Application Appeal (class 1) / Final Judgment After Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed modifications to the external facades of the residential flat buildings are permissible under the existing development consent' 'Whether the development as modified remains substantially the same as originally approved']

Ratio Decidendi

The Court was satisfied that the proposed modification to the external presentation and materials of the approved development does not alter its essential elements and the development as modified is substantially the same as originally approved. An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached and the proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; modification application approved subject to conditions

Orders

  • ['The applicant is granted leave to rely on amended plans: Elevations – North & South (Drawing No. 16F-015 Revision J), Elevations – East & West (Drawing No. 16F-017 Revision J), Materials and Finishes (Drawing No. 16F-019 Revision G), all prepared by ALAND dated 20 April 2021.' 'The appeal is upheld.' "Modification...