Luigi Rosselli Pty Limited v Mosman Municipal Council [2024] NSWLEC 1034

Luigi Rosselli Pty Limited v Mosman Municipal Council [2024] NSWLEC 1034

The parties' agreement satisfied the jurisdictional and procedural prerequisites for modification under s 4.56 of the Environmental Planning and Assessment Act 1979. The Court, being satisfied that the modification application relates to substantially the same development, properly notified and considered...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 February 2024
Procedural Posture
Development Appeal / Conciliation Conference With Agreement Reached; Orders Disposing of Proceedings in Accordance With Parties' Agreement
Outcome
Appeal upheld; development consent modified as agreed and set out in annexures.
Legal Topics
['development Consent Modification' 'conciliation Agreement' 'local Environmental Plan' 'floor Space Ratio' 'building Height' 'excavation' 'hydrological Investigation' 'notification Requirements']
['planning Law' 'environmental Law'] ['development Consent Modification' 'conciliation Agreement' 'local Environmental Plan' 'floor Space Ratio' 'building Height' 'excavation' 'hydrological Investigation' 'notification Requirements']

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Procedural Posture

Development Appeal / Conciliation Conference With Agreement Reached; Orders Disposing of Proceedings in Accordance With Parties' Agreement

Legal Issues

  1. 1 ['Whether the proposed modification results in a development substantially the same as originally approved' 'Whether the jurisdictional requirements for modification under s 4.56 of the Environmental Planning and Assessment Act 1979 were satisfied' 'Whether notification and public participation requirements were met' 'Impacts of increased floor space ratio and excavation on the site and neighbouring properties']

Ratio Decidendi

The parties' agreement satisfied the jurisdictional and procedural prerequisites for modification under s 4.56 of the Environmental Planning and Assessment Act 1979. The Court, being satisfied that the modification application relates to substantially the same development, properly notified and considered submissions, and all statutory requirements have been met, is required to make orders reflecting the parties' agreement.

Court Disposition

Appeal upheld; development consent modified as agreed and set out in annexures.

Orders

  • ['The appeal is upheld.' 'Development Consent No. 8.2021.436.1 is modified in the terms in Annexure A.' 'Development Consent No. 8.2021.436.1, as modified by the Court, is Annexure B.']