Regent Land Pty Ltd ATF Regent Land Unit Trust v Georges River Council [2019] NSWLEC 1563

Regent Land Pty Ltd ATF Regent Land Unit Trust v Georges River Council [2019] NSWLEC 1563

The modification application met all statutory pre-conditions, resulted in a development substantially the same as originally consented to, complied with relevant planning instruments, and was not opposed by the Council subject to revised conditions, so the appeal is upheld and modifications approved.

Jurisdiction
Australia
Judgment Date
20 November 2019
Procedural Posture
Class 1 Merit Appeal / Modification Application Appeal; Conciliation Conference; Orders
Outcome
Appeal upheld; modification application approved.
Legal Topics
['modification of Development Consent' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment Law'] ['modification of Development Consent' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Class 1 Merit Appeal / Modification Application Appeal; Conciliation Conference; Orders

Legal Issues

  1. 1 ['Whether the modification application results in a development substantially the same as approved' 'Compliance with design requirements under SEPP 65 and Apartment Design Guide' 'Whether all pre-conditions to grant consent have been met']

Ratio Decidendi

The modification application met all statutory pre-conditions, resulted in a development substantially the same as originally consented to, complied with relevant planning instruments, and was not opposed by the Council subject to revised conditions, so the appeal is upheld and modifications approved.

Court Disposition

Appeal upheld; modification application approved.

Orders

  • ['Applicant granted leave to rely on amended plans and drawings attached at Annexure A and referred to in consolidated modified conditions of consent in Annexure C.' 'Appeal upheld.' 'Modification application lodged directly with Court on 24 September 2019 to modify development consent No. DA111/2017 is approved as...