SRGD No.2 Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1417

SRGD No.2 Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1417

The Court was satisfied the proposed modification results in a development 'substantially the same' as that originally approved and that no jurisdictional prerequisites prevent making orders. Accordingly, the application was approved pursuant to the parties' s 34 agreement.

Jurisdiction
Australia
Judgment Date
02 August 2023
Procedural Posture
Modification Application (class 1 Appeal) / Final Decision After Conciliation Conference
Outcome
Modification application approved; appeal upheld
Legal Topics
['modification Application' 'section 4.55 Application' 'development Consent' 'conciliation Conference' 'costs']
['planning and Environment'] ['modification Application' 'section 4.55 Application' 'development Consent' 'conciliation Conference' 'costs']

Case Brief

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Procedural Posture

Modification Application (class 1 Appeal) / Final Decision After Conciliation Conference

Legal Issues

  1. 1 ["Whether the proposed modification results in a development that is 'substantially the same' as originally approved" 'Whether jurisdictional prerequisites for consent modification are satisfied' "Whether the Court should make orders according to parties' agreement under s 34(3) of the Land and Environment Court Act 1979"]

Ratio Decidendi

The Court was satisfied the proposed modification results in a development 'substantially the same' as that originally approved and that no jurisdictional prerequisites prevent making orders. Accordingly, the application was approved pursuant to the parties' s 34 agreement.

Court Disposition

Modification application approved; appeal upheld

Orders

  • ["Applicant to pay Respondent's costs thrown away, in the sum of $8000 within 14 days" 'Appeal is upheld' "Modification Application is approved subject to consolidated conditions of Development Consent in Annexure 'A'"]