Kew Bellevue Hill Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1627

Kew Bellevue Hill Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1627

The development as modified remains substantially the same as originally approved, satisfies all statutory and jurisdictional prerequisites, and is not inconsistent with environmental planning instruments or community participation requirements. Accordingly, the appeal is upheld and the consent is modified.

Parties
Applicant: Kew Bellevue Hill Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
08 October 2024
Procedural Posture
Appeal Class 1 (modification Application) / Decision After Conciliation Conference
Outcome
Appeal upheld; consent modified
Legal Topics
Modification Application, Development Consent, Residential Apartment Building, Conciliation Conference, Jurisdictional Prerequisites
Environmental Law Planning Law Modification Application Development Consent Residential Apartment Building Conciliation Conference Jurisdictional Prerequisites

Case Brief

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Parties

Kew Bellevue Hill Pty Ltd

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Appeal Class 1 (modification Application) / Decision After Conciliation Conference

Legal Issues

  1. 1 Whether the proposed modification satisfies the requirements of s 4.56 of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the development as modified is substantially the same as originally approved
  3. 3 Whether all jurisdictional prerequisites have been met for modifying consent

Ratio Decidendi

The development as modified remains substantially the same as originally approved, satisfies all statutory and jurisdictional prerequisites, and is not inconsistent with environmental planning instruments or community participation requirements. Accordingly, the appeal is upheld and the consent is modified.

Court Disposition

Appeal upheld; consent modified

Orders

  • The appeal is upheld.
  • Development consent DA2022/335/1 granted by the Land and Environment Court on 8 August 2023 is modified in the terms in Annexure A to this agreement.