Hillcrest Rose Bay Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1392

Hillcrest Rose Bay Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1392

The Court held that the proposed modifications constituted substantially the same development as originally consented to, the application met statutory notification and consideration requirements, and the parties’ agreement under s 34(3) of the LEC Act was within power. Accordingly, the application to modify the development consent was granted.

Parties
Applicant: Hillcrest Rose Bay Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
09 July 2024
Procedural Posture
Class 1 / Application for Modification of Development Consent Following Conciliation Conference and Agreement
Outcome
Application granted; proceedings disposed of in accordance with parties' agreement
Legal Topics
Modification of Development Consent, Conciliation Conference, Development Application, Substantially the Same Development
Planning and Environment Modification of Development Consent Conciliation Conference Development Application Substantially the Same Development

Case Brief

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Parties

Hillcrest Rose Bay Pty Ltd

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Class 1 / Application for Modification of Development Consent Following Conciliation Conference and Agreement

Legal Issues

  1. 1 Whether the proposed modification is substantially the same development as originally approved
  2. 2 Whether the preconditions for a s 4.55(8) modification are satisfied
  3. 3 Whether the application was properly notified and submissions addressed

Ratio Decidendi

The Court held that the proposed modifications constituted substantially the same development as originally consented to, the application met statutory notification and consideration requirements, and the parties’ agreement under s 34(3) of the LEC Act was within power. Accordingly, the application to modify the development consent was granted.

Court Disposition

Application granted; proceedings disposed of in accordance with parties' agreement

Orders

  • The application is granted.
  • Development consent DA30/2021 granted by the Land and Environment Court on 28 October 2021 is modified in the terms set out in Annexure A.