Northcote Development Company Pty Limited v Willoughby City Council [2023] NSWLEC 1770

Northcote Development Company Pty Limited v Willoughby City Council [2023] NSWLEC 1770

The modification application satisfies all legal and jurisdictional prerequisites under s 4.55(2) of the Environmental Planning and Assessment Act 1979. The Court can be satisfied that the proposed modifications are substantially the same as originally approved development, notification and consultation requirements have been satisfied, and all factual contentions between parties have been resolved. The application is therefore approved subject to agreed consolidated conditions.

Parties
Applicant: Northcote Development Company Pty Limited; Respondent: Willoughby City Council
Jurisdiction
Australia
Judgment Date
19 December 2023
Procedural Posture
Appeal (class 1, Modification of Consent) / Final Determination Following Conciliation Conference
Outcome
Appeal upheld; modification application approved subject to conditions
Legal Topics
Modification of Development Consent, Conciliation Conference, Building Envelope, Statutory Jurisdiction Prerequisites
Planning and Environment Law Modification of Development Consent Conciliation Conference Building Envelope Statutory Jurisdiction Prerequisites

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Parties

Northcote Development Company Pty Limited

Applicant

Willoughby City Council

Respondent

Procedural Posture

Appeal (class 1, Modification of Consent) / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether the proposed modification is substantially the same development as previously approved under the concept approval
  2. 2 Whether jurisdictional and statutory prerequisites for modification consent are satisfied under Environmental Planning and Assessment Act 1979
  3. 3 Whether public notification and consultation requirements are met for the modification

Ratio Decidendi

The modification application satisfies all legal and jurisdictional prerequisites under s 4.55(2) of the Environmental Planning and Assessment Act 1979. The Court can be satisfied that the proposed modifications are substantially the same as originally approved development, notification and consultation requirements have been satisfied, and all factual contentions between parties have been resolved. The application is therefore approved subject to agreed consolidated conditions.

Court Disposition

Appeal upheld; modification application approved subject to conditions

Orders

  • The appeal is upheld.
  • Modification Application DA 2013/147/G, seeking to modify the stage 2 building envelope and layout approved by DA 2013/147, in relation to the property at 2-14 Northcote Street, Naremburn is approved subject to the consolidated conditions in Annexure A.