London Fashion v Manly Council [2009] NSWLEC 1162

London Fashion v Manly Council [2009] NSWLEC 1162

The modification application had been advertised and no submissions were received; given the parties' agreement, there was no reason why the Court should not use s 94B(3) to make the consent orders modifying the section 94 contribution and related conditions.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 May 2009
Procedural Posture
Appeal Against an Application to Modify a Development Consent Condition / Consent Orders Before Completion of Hearing
Outcome
Appeal allowed by consent; Development consent No 35/04 modified.
Legal Topics
['development Consent Modification' 'section 94 Contributions' 'consent Orders' 'material Public Benefit']
['planning and Environment Law'] ['development Consent Modification' 'section 94 Contributions' 'consent Orders' 'material Public Benefit']

Source-derived case record

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Procedural Posture

Appeal Against an Application to Modify a Development Consent Condition / Consent Orders Before Completion of Hearing

Legal Issues

  1. 1 ['Whether condition 156 of Development Application No 35/04 should be modified in relation to the section 94 contribution.' 'Whether the Court should make the consent orders agreed by the parties.']

Ratio Decidendi

The modification application had been advertised and no submissions were received; given the parties' agreement, there was no reason why the Court should not use s 94B(3) to make the consent orders modifying the section 94 contribution and related conditions.

Court Disposition

Appeal allowed by consent; Development consent No 35/04 modified.

Orders

  • ['Appeal allowed.' 'Development consent No 35/04 granted by the Respondent on to May 2005 be modified as follows: Condition 156 be deleted and replaced with a condition requiring a contribution to Council pursuant to section 94 of the Environmental Planning and Assessment Act 1979 in the sum of $450,000.00, being...