Rodborough Development Pty Ltd v North Sydney Council [2023] NSWLEC 1176

Rodborough Development Pty Ltd v North Sydney Council [2023] NSWLEC 1176

The proposed modification application is approved because it results in a development that remains substantially the same as originally approved, satisfies all procedural requirements, and jurisdictional prerequisites are met, requiring the Court to make orders in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Rodborough Development Pty Ltd; Respondent: North Sydney Council
Jurisdiction
Australia
Judgment Date
19 April 2023
Procedural Posture
Class 1 Appeal Pursuant to the Environmental Planning and Assessment Act 1979, S 8.9 / Disposal Following Conciliation Conference; Final Orders
Outcome
Appeal upheld; modification application approved; development consent modified according to agreement and consolidated conditions.
Legal Topics
Modification Application, Residential Flat Building, Development Consent, Conciliation Conference, Substantially the Same Development
Planning and Environment Law Modification Application Residential Flat Building Development Consent Conciliation Conference Substantially the Same Development

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Parties

Rodborough Development Pty Ltd

Applicant

North Sydney Council

Respondent

Procedural Posture

Class 1 Appeal Pursuant to the Environmental Planning and Assessment Act 1979, S 8.9 / Disposal Following Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether the proposed modification results in development that is 'substantially the same' as originally approved
  2. 2 Whether jurisdictional prerequisites for exercising s 34(3) of the Land and Environment Court Act 1979 are met
  3. 3 Compliance with notification and advertising requirements for modification application

Ratio Decidendi

The proposed modification application is approved because it results in a development that remains substantially the same as originally approved, satisfies all procedural requirements, and jurisdictional prerequisites are met, requiring the Court to make orders in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; modification application approved; development consent modified according to agreement and consolidated conditions.

Orders

  • Appeal is upheld.
  • Modification Application No. DA232/2020/03 is approved; Development Consent DA232/2020 is modified as set out in Annexure 'A'.