Merman Investments Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1472

Merman Investments Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1472

The parties agreed that the proposed modifications were substantially the same as the original development, all jurisdictional prerequisites under s 4.55 of the EPA Act were satisfied, and under s 34(3) of the LEC Act, the Court was required to grant the orders by consent.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 August 2024
Procedural Posture
Modification Application (class 1 Appeal) / Post Conciliation Conference, Orders Following Agreement
Outcome
Appeal granted. Development consent modified.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'jurisdictional Prerequisites']
['planning and Environment Law'] ['modification of Development Consent' 'conciliation Conference' 'jurisdictional Prerequisites']

Source-derived case record

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Procedural Posture

Modification Application (class 1 Appeal) / Post Conciliation Conference, Orders Following Agreement

Legal Issues

  1. 1 ['Whether the proposed modification is substantially the same as the original development' 'Whether jurisdictional prerequisites for consent modification are satisfied under the Environmental Planning and Assessment Act 1979']

Ratio Decidendi

The parties agreed that the proposed modifications were substantially the same as the original development, all jurisdictional prerequisites under s 4.55 of the EPA Act were satisfied, and under s 34(3) of the LEC Act, the Court was required to grant the orders by consent.

Court Disposition

Appeal granted. Development consent modified.

Orders

  • ['The appeal is granted' 'Development consent no. DA325/2020/1 is modified in the terms in Annexure A' 'Development consent no. DA325/2020/1 as modified by the Court is Annexure B']