Max J Garey & Anor v Great Lakes Council [2007] NSWLEC 874

Max J Garey & Anor v Great Lakes Council [2007] NSWLEC 874

The Court was satisfied that the consent orders should not be objected to: deletion of the s 88 instrument and substitution of condition 1A appropriately ensured the lower floor level would be used only in conjunction with dwelling unit 1, and the amendment was minor and substantially the same development as originally approved.

Jurisdiction
Australia
Judgment Date
02 November 2007
Procedural Posture
Appeal Under S 96(6) of the Environmental Planning and Assessment Act Against the Council's Refusal for an Amendment to Conditions of Consent / Ex Tempore Judgment on Consent Orders
Outcome
Appeal upheld by consent.
Legal Topics
['modification Application' 'development Consent Conditions' 'restriction on Title' 's 88 Instrument' 'separate Occupation of Residential Premises']
['planning and Environment Law'] ['modification Application' 'development Consent Conditions' 'restriction on Title' 's 88 Instrument' 'separate Occupation of Residential Premises']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Under S 96(6) of the Environmental Planning and Assessment Act Against the Council's Refusal for an Amendment to Conditions of Consent / Ex Tempore Judgment on Consent Orders

Legal Issues

  1. 1 ['Whether condition 1A should be varied to delete the requirement to place a restriction on title by s 88 instrument.' 'Whether the amended condition restricting use of the lower floor level to use in conjunction with dwelling unit 1 was appropriate.' 'Whether the modification was substantially the same development under s 96.']

Ratio Decidendi

The Court was satisfied that the consent orders should not be objected to: deletion of the s 88 instrument and substitution of condition 1A appropriately ensured the lower floor level would be used only in conjunction with dwelling unit 1, and the amendment was minor and substantially the same development as originally approved.

Court Disposition

Appeal upheld by consent.

Orders

  • ['On receipt of a consolidated set of conditions and amended plans to be kept on the Court file, the Court will issue formal orders by consent.' 'The s 96 application appeal be upheld and the conditions amended to incorporate the new condition referred to in the consent orders at Exhibit 1.' 'The Court will retain...