Graham v Northern Beaches Council [2022] NSWLEC 1670

Graham v Northern Beaches Council [2022] NSWLEC 1670

The modification sought meets statutory and jurisdictional prerequisites—the development as modified is substantially the same as originally approved, statutory notifications and consents have been obtained, and agreement has been reached at conciliation; accordingly, the appeal is upheld and consent varied as agreed.

Jurisdiction
Australia
Judgment Date
06 December 2022
Procedural Posture
Class 1 Appeal Modification Application / Disposition Following Conciliation Conference, Final Orders Made
Outcome
Appeal upheld; modification granted
Legal Topics
['modification Application' 'development Consent' 'land Use Zoning' 'conciliation Conference']
['planning Law' 'environmental Law'] ['modification Application' 'development Consent' 'land Use Zoning' 'conciliation Conference']

Case Brief

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Procedural Posture

Class 1 Appeal Modification Application / Disposition Following Conciliation Conference, Final Orders Made

Legal Issues

  1. 1 ['Whether modification application results in substantially the same development as originally approved under EPA Act s 4.55' 'Whether relevant jurisdictional prerequisites for granting consent to modification were satisfied' 'Whether the agreement between parties meets statutory requirements and can be made an order of the Court']

Ratio Decidendi

The modification sought meets statutory and jurisdictional prerequisites—the development as modified is substantially the same as originally approved, statutory notifications and consents have been obtained, and agreement has been reached at conciliation; accordingly, the appeal is upheld and consent varied as agreed.

Court Disposition

Appeal upheld; modification granted

Orders

  • ['The appeal is upheld.' 'Development Consent No. DA2019/1383 is modified as set out in the terms of Annexure A.' 'Development Consent No. DA2019/1383 is modified by the Court as set out in Annexure B.']