M Lukic Design Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1049

M Lukic Design Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1049

The modification application is approved because the proposal involves only minor changes, the development remains substantially the same, and there is no impact on the heritage significance of the Paddington Heritage Conservation Area. Jurisdictional prerequisites for granting the modification are satisfied and the orders reflect the agreement reached between the parties at conciliation.

Jurisdiction
Australia
Judgment Date
14 February 2020
Procedural Posture
Appeal (class 1) / Final Orders Following Conciliation Conference
Outcome
Appeal upheld and modification application approved subject to conditions
Legal Topics
['modification Application' 'conditions of Development Consent' 'heritage Conservation' 'jurisdictional Prerequisites' 'conciliation Conference']
['environmental Planning and Development'] ['modification Application' 'conditions of Development Consent' 'heritage Conservation' 'jurisdictional Prerequisites' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal (class 1) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether to allow modifications deleting specified conditions from development consent' 'Whether the proposed development as modified is substantially the same as originally approved' 'Whether heritage significance of Paddington Heritage Conservation Area is affected']

Ratio Decidendi

The modification application is approved because the proposal involves only minor changes, the development remains substantially the same, and there is no impact on the heritage significance of the Paddington Heritage Conservation Area. Jurisdictional prerequisites for granting the modification are satisfied and the orders reflect the agreement reached between the parties at conciliation.

Court Disposition

Appeal upheld and modification application approved subject to conditions

Orders

  • ["The Applicant is granted leave to amend the application to rely on the amended plans and documentation listed in condition 1. A.8 of the consolidated conditions of consent at Annexure 'A'." 'The appeal is upheld.' "Modification Application No. DA601/2017/2 to amend the conditions of consent of the development...