Pandorea 88 Development Pty Ltd v Blacktown City Council [2021] NSWLEC 1266

Pandorea 88 Development Pty Ltd v Blacktown City Council [2021] NSWLEC 1266

The modification application is approved because it relates to substantially the same development, satisfies statutory prerequisites, addresses concerns of the respondent, and the parties' agreement reflects a decision the Court could have properly made.

Jurisdiction
Australia
Judgment Date
21 May 2021
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; modification application approved
Legal Topics
['modification of Development Consent' 'design Quality of Residential Buildings' 'building Appearance' 'visual Interest' 'conciliation Conference']
['planning and Environment'] ['modification of Development Consent' 'design Quality of Residential Buildings' 'building Appearance' 'visual Interest' 'conciliation Conference']

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Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether Modification Application No. MOD-20-00403 should be approved to modify Development Consent JRPP-16-03331 for external facades, colours, and materials' 'Whether the modified development is substantially the same as originally approved' 'Whether the modification satisfies relevant statutory prerequisites']

Ratio Decidendi

The modification application is approved because it relates to substantially the same development, satisfies statutory prerequisites, addresses concerns of the respondent, and the parties' agreement reflects a decision the Court could have properly made.

Court Disposition

Appeal upheld; modification application approved

Orders

  • ['The appeal is upheld.' "Modification Application No. MOD-20-00403 to modify Development Consent No JRPP-16-03331 is determined by approving the modifications as set out in Annexure 'A'." 'Applicant granted leave to rely on amended plans (drawings by ALAND dated 20 April 2021).' "Development Consent No...