Marshall v Woollahra Municipal Council [2022] NSWLEC 1590

Marshall v Woollahra Municipal Council [2022] NSWLEC 1590

The appeal is upheld and the development consent DA-494/2020 is modified by consent in the terms agreed by the parties, as the jurisdictional and statutory requirements for modification are satisfied and the Court is required to dispose of the proceedings in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
26 October 2022
Procedural Posture
Class 1 Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development consent modified.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'conditions of Consent']
['planning and Environment'] ['modification of Development Consent' 'conciliation Conference' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether conditions A.6(b) and C.1 (h, i, k) imposed on Modification Application DA494/2020/3 should be amended' 'Whether amendments to development consent DA494/2020 satisfy statutory requirements' 'Whether agreement reached at conciliation addresses jurisdictional prerequisites']

Ratio Decidendi

The appeal is upheld and the development consent DA-494/2020 is modified by consent in the terms agreed by the parties, as the jurisdictional and statutory requirements for modification are satisfied and the Court is required to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

Appeal upheld; development consent modified.

Orders

  • ['The appeal is upheld.' 'Development Consent No. DA-494/2020 is modified by consent to DA-494/2020/3, in the terms described in Annexure A.' 'Development Consent No. DA-494/2020 as modified by the Court is described in Annexure B.']