Princeton Capstack Pty Ltd v Inner West Council [2023] NSWLEC 1449

Princeton Capstack Pty Ltd v Inner West Council [2023] NSWLEC 1449

The appeal is upheld and the modification to delete condition 2(d) is granted because the proposed development remains substantially the same as that originally approved, and all jurisdictional and notification requirements under s 4.56 of the Environmental Planning and Assessment Act 1979 have been satisfied.

Parties
Applicant: Princeton Capstack Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
11 August 2023
Procedural Posture
Class 1 Appeal / Modification Application Following Conciliation Conference
Outcome
Appeal upheld and development consent modified in accordance with agreement between the parties.
Legal Topics
Modification Application, Development Consent, Jurisdictional Pre Requisites, Conciliation Agreement
Planning and Environment Law Modification Application Development Consent Jurisdictional Pre Requisites Conciliation Agreement

Case Brief

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Parties

Princeton Capstack Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Modification Application Following Conciliation Conference

Legal Issues

  1. 1 Whether the proposed modification results in substantially the same development as previously approved
  2. 2 Whether the statutory jurisdictional prerequisites for modifying development consent are satisfied

Ratio Decidendi

The appeal is upheld and the modification to delete condition 2(d) is granted because the proposed development remains substantially the same as that originally approved, and all jurisdictional and notification requirements under s 4.56 of the Environmental Planning and Assessment Act 1979 have been satisfied.

Court Disposition

Appeal upheld and development consent modified in accordance with agreement between the parties.

Orders

  • The appeal is upheld.
  • Development Consent DA/2021/0521 at 73-75 Beattie Street, Balmain is modified as per Annexure A.