Graham Martin Taylor v Sutherland Shire Council [2021] NSWLEC 1188

Graham Martin Taylor v Sutherland Shire Council [2021] NSWLEC 1188

The Court was satisfied the modification application was substantially the same development as approved, met notification and regulatory requirements, and that the parties' agreed orders could properly be made, so the appeal was upheld and the modification application approved.

Jurisdiction
Australia
Judgment Date
21 April 2021
Procedural Posture
Appeal / Final Orders
Outcome
Appeal upheld; Modification application approved
Legal Topics
['modification Application' 'trading Hours' 'development Consent' 'conciliation Conference']
['planning and Environment'] ['modification Application' 'trading Hours' 'development Consent' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal / Final Orders

Legal Issues

  1. 1 ['Whether the modification application may be amended and approved to allow Sunday trading of the café' 'Whether the proposed modification is substantially the same development as originally approved']

Ratio Decidendi

The Court was satisfied the modification application was substantially the same development as approved, met notification and regulatory requirements, and that the parties' agreed orders could properly be made, so the appeal was upheld and the modification application approved.

Court Disposition

Appeal upheld; Modification application approved

Orders

  • ['The Applicant is granted leave to amend the Modification Application to be made from s 4.55(1A) to s 4.55(2) of the Environmental Planning and Assessment Act 1979.' 'The appeal is upheld.' 'The Modification Application MA 20/0090 to modify condition 15 of Development Application No DA 15/0641 to allow Sunday...