Kevin Snell Pty Limited v Manly Council [2004] NSWLEC 679

Kevin Snell Pty Limited v Manly Council [2004] NSWLEC 679

The Court approved the consent orders because the s 96 application had been exhibited with no objections, notification of the hearing or consent orders was unnecessary, and the agreed amended conditions appeared to enhance the restoration of the building and its rooftop addition so that it would better represent the heritage significance of the building. The Court therefore saw no reason to refuse the consent orders.

Jurisdiction
Australia
Judgment Date
17 November 2004
Procedural Posture
Class 1 Appeal for a S 96 Amendment of a Development Consent / Consent Orders Following Deemed Refusal
Outcome
Appeal upheld and s 96 modification approved by consent.
Legal Topics
['modification of Development Consent Under S 96' 'deferred Commencement Conditions' 'heritage Item in a Conservation Area' 'consent Orders']
['planning and Environment' 'development Consent' 'heritage Conservation'] ['modification of Development Consent Under S 96' 'deferred Commencement Conditions' 'heritage Item in a Conservation Area' 'consent Orders']

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Procedural Posture

Class 1 Appeal for a S 96 Amendment of a Development Consent / Consent Orders Following Deemed Refusal

Legal Issues

  1. 1 ['Whether the application lodged pursuant to s 96 of the Environmental Planning and Assessment Act 1979 should be approved and development consent 494/03 modified pursuant to s 96(1A).' 'Whether the agreed amended conditions should be accepted by the Court by consent of the parties.']

Ratio Decidendi

The Court approved the consent orders because the s 96 application had been exhibited with no objections, notification of the hearing or consent orders was unnecessary, and the agreed amended conditions appeared to enhance the restoration of the building and its rooftop addition so that it would better represent the heritage significance of the building. The Court therefore saw no reason to refuse the consent orders.

Court Disposition

Appeal upheld and s 96 modification approved by consent.

Orders

  • ['The hearing date of 3 December 2004 is vacated.' 'The appeal is upheld.' 'The application lodged pursuant to s 96 of the Environmental Planning and Assessment Act 1979 on 16 June 2004 as amended, with respect to the premises known as 110-112 The Corso, Manly, is approved and development consent 494/03 is modified...