Landmark Group Australia Pty Ltd v Northern Beaches Council [2024] NSWLEC 1509

The Court upheld the appeal, finding that the modified development is substantially the same as the original consent, and ordered modification of development consent DA2022/0145 in accordance with agreed terms.

Jurisdiction: Australia
Judgment Date: 23 August 2024
Procedural Posture: Appeal / Class 1 Conciliation Conference and Final Orders
Outcome: Appeal upheld. Development consent DA2022/0145 modified.
Legal Topics: ['modification of Development Consent' 'demolition and Construction' 'conciliation Conference Procedure']

['environmental and Planning Law'] ['modification of Development Consent' 'demolition and Construction' 'conciliation Conference Procedure']

Case Brief

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Procedural Posture

Appeal / Class 1 Conciliation Conference and Final Orders

Legal Issues

1 ['Whether the proposed modification results in substantially the same development as originally approved' 'Whether development consent can be modified to exceed applicable development standards under s 4.55 of the EPA Act']

Ratio Decidendi

Court Disposition

Appeal upheld. Development consent DA2022/0145 modified.

Orders

['The appeal is upheld.' 'Development consent No DA2022/0145 is modified in the terms set out in Annexure A.' 'Development consent No DA2022/0145, as modified by the Court, is subject to the consolidated modified conditions set out in Annexure B.']