Hillcrest Rose Bay Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1452

Hillcrest Rose Bay Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1452

The Court granted the application to modify development consent because, following a conciliation conference and agreement by the parties, it was satisfied the modified development remained substantially the same as the original and all procedural requirements were met.

Jurisdiction
Australia
Judgment Date
16 August 2023
Procedural Posture
Class 1 Modification Application / Final Orders After Conciliation Conference
Outcome
Application granted and prior development consent modified as agreed
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'development Assessment Process']
['planning and Environment'] ['modification of Development Consent' 'conciliation Conference' 'development Assessment Process']

Case Brief

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Procedural Posture

Class 1 Modification Application / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed modification application results in development that is substantially the same development as originally approved' 'Whether procedural requirements for notification and consideration of submissions were satisfied']

Ratio Decidendi

The Court granted the application to modify development consent because, following a conciliation conference and agreement by the parties, it was satisfied the modified development remained substantially the same as the original and all procedural requirements were met.

Court Disposition

Application granted and prior development consent modified as agreed

Orders

  • ['The application is granted.' 'Development consent DA30/2021 granted by the Land and Environment Court on 28 October 2021 is modified as set out in Annexure B.' 'The terms of the consolidated Development Consent DA30/2021, as modified, are set out in Annexure C.']