Scope Design Holdings Pty Ltd t/a Scope Building Design v Randwick City Council [2017] NSWLEC 1720

Scope Design Holdings Pty Ltd t/a Scope Building Design v Randwick City Council [2017] NSWLEC 1720

The appeal was upheld and orders were made to approve the modification application according to the agreement reached at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Appeal Modification of Development Consent / Final Orders After Conciliation Conference
Outcome
Appeal upheld; modification application approved
Legal Topics
['modification of Development Consent' 'conciliation Under Land and Environment Court Act 1979']
['planning and Environment'] ['modification of Development Consent' 'conciliation Under Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Appeal Modification of Development Consent / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the modification application should be approved as per agreement between parties under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The appeal was upheld and orders were made to approve the modification application according to the agreement reached at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; modification application approved

Orders

  • ['The Applicant is given leave to amend the modification application and rely upon Drawing 11503, Sheet 1 of 2, Revision G dated 13.12.2017 and Drawing 11503, Sheet 2 of 2, Revision G dated 13.12.2017.' 'The appeal is upheld.' 'Section 96 modification application DA/664/2015/B is approved.' 'Development consent...