Zaki v Hunters Hill Council [2022] NSWLEC 1228

Zaki v Hunters Hill Council [2022] NSWLEC 1228

The proposed modifications to the approved development meet the statutory requirements for modification under s 4.55 of the Environmental Planning and Assessment Act 1979; the development as modified remains substantially the same as originally approved, appropriate notification and assessment have occurred, and there is no unacceptable impact on heritage significance or other planning concerns; accordingly, the modification is approved by the Court.

Parties
Applicant: Maged Zaki; Respondent: Hunters Hill Council
Jurisdiction
Australia
Judgment Date
03 May 2022
Procedural Posture
Appeal Modification Application / Judgment Following Conciliation Conference
Outcome
Appeal upheld; development consent modified
Legal Topics
Development Consent Modification, Childcare Centre Development, Heritage Impact, Conciliation Conference, Environmental Planning
Planning and Environment Law Development Consent Modification Childcare Centre Development Heritage Impact Conciliation Conference Environmental Planning

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Parties

Maged Zaki

Applicant

Hunters Hill Council

Respondent

Procedural Posture

Appeal Modification Application / Judgment Following Conciliation Conference

Legal Issues

  1. 1 Whether the proposed modification application satisfies the requirements of s 4.55 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 the requirements for community notification and consideration of objections were met

Ratio Decidendi

The proposed modifications to the approved development meet the statutory requirements for modification under s 4.55 of the Environmental Planning and Assessment Act 1979; the development as modified remains substantially the same as originally approved, appropriate notification and assessment have occurred, and there is no unacceptable impact on heritage significance or other planning concerns; accordingly, the modification is approved by the Court.

Court Disposition

Appeal upheld; development consent modified

Orders

  • The appeal is upheld.
  • Development Consent No. 2020/1079 is modified, subject to the consolidated conditions of consent at Annexure A.