Furness v Woollahra Council [2004] NSWLEC 640

Furness v Woollahra Council [2004] NSWLEC 640

There is no conservation or planning policy reason under the Paddington Development Control Plan or raised by public objections that prevents deletion of the garage width restriction in the development consent; therefore, the appeal should be upheld and the modification granted.

Jurisdiction
Australia
Judgment Date
16 November 2004
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
['modification Application' 'development Consent' 'deletion of Conditions' 'environmental Planning and Assessment Act 1979']
['planning Law' 'environmental Law'] ['modification Application' 'development Consent' 'deletion of Conditions' 'environmental Planning and Assessment Act 1979']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposed deletion of conditions from the development consent should be allowed under s 96 of the Environmental Planning and Assessment Act 1979' 'Whether there is any conservation or policy imperative preventing deletion of the garage door width restriction' 'Whether objections by members of the public provide grounds for refusal']

Ratio Decidendi

There is no conservation or planning policy reason under the Paddington Development Control Plan or raised by public objections that prevents deletion of the garage width restriction in the development consent; therefore, the appeal should be upheld and the modification granted.

Court Disposition

appeal upheld

Orders

  • ['Section 96 application for modification of the development consent granted with respect to the deletion of condition 3' 'No order as to costs']