Lim v Mosman Municipal Council [2023] NSWLEC 1344

Lim v Mosman Municipal Council [2023] NSWLEC 1344

The agreed modification deletes condition 68A, as the modified development remains substantially the same as originally approved, with no impact on amenity or view sharing, and all relevant statutory requirements for modification have been satisfied.

Parties
First Applicant: Peter Khing Hee Lim; Second Applicant: Andrew Darroch; Respondent: Mosman Municipal Council
Jurisdiction
Australia
Judgment Date
06 July 2023
Procedural Posture
Appeal (class 1 Modification Application) / Final Orders After Conciliation Conference
Outcome
Appeal upheld. Development consent modified by agreement of the parties.
Legal Topics
Modification of Development Consent, Condition of Consent, View Sharing, Appeal From Council Decision, Conciliation Conference
Planning and Environment Law Modification of Development Consent Condition of Consent View Sharing Appeal From Council Decision Conciliation Conference

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Parties

Peter Khing Hee Lim

First Applicant

Andrew Darroch

Second Applicant

Mosman Municipal Council

Respondent

Procedural Posture

Appeal (class 1 Modification Application) / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether condition 68A should be deleted from Development Consent 8.2016.189.1 via Modification Application 8.2016.189.3
  2. 2 Whether modification meets the requirements of s 4.55(2) of the Environmental Planning and Assessment Act 1979
  3. 3 Whether appropriate notification, jurisdictional, and assessment requirements have been satisfied

Ratio Decidendi

The agreed modification deletes condition 68A, as the modified development remains substantially the same as originally approved, with no impact on amenity or view sharing, and all relevant statutory requirements for modification have been satisfied.

Court Disposition

Appeal upheld. Development consent modified by agreement of the parties.

Orders

  • The appeal is upheld.
  • Development Consent 8.2016.189.1 is modified by consent to Modification Application 8.2016.189.3, in the terms set out in Annexure A.