MHN Design Union Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1583

MHN Design Union Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1583

The modifications sought relate only to matters of detail and do not alter the fundamental character, yield, or building envelope of the development, and agreement having been reached at conciliation, the modification can be approved under s 4.55(2) of the EPA Act.

Parties
Applicant: MHN Design Union Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
24 September 2024
Procedural Posture
Modification Application (class 1) / Conciliation Conference and Final Orders
Outcome
Modification application approved by consent orders.
Legal Topics
Modification of Development Consent, Conciliation Conference, Residential Flat Building, Staging of Construction Certificates
Planning Law Environmental Law Modification of Development Consent Conciliation Conference Residential Flat Building Staging of Construction Certificates

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Parties

MHN Design Union Pty Ltd

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Modification Application (class 1) / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether the Court should approve the modification application for the development consent under s 4.55(2) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the modifications would result in substantially the same development as originally approved

Ratio Decidendi

The modifications sought relate only to matters of detail and do not alter the fundamental character, yield, or building envelope of the development, and agreement having been reached at conciliation, the modification can be approved under s 4.55(2) of the EPA Act.

Court Disposition

Modification application approved by consent orders.

Orders

  • The modification application is approved.
  • Development consent DA237/2023/1 is modified in the terms set out in Annexure A.