Schonell v Mosman Municipal Council [2018] NSWLEC 1605

Schonell v Mosman Municipal Council [2018] NSWLEC 1605

The modifications, as amended pursuant to the agreement reached at the conciliation conference, result in a development of minimal environmental impact that is substantially the same as originally approved. All statutory preconditions for granting the modification have been met, and all contentions have been resolved, supporting approval of the application subject to the amended conditions.

Parties
Applicant: Stefan Schonell; Respondent: Mosman Municipal Council
Jurisdiction
Australia
Judgment Date
22 November 2018
Procedural Posture
Modification Application Appeal / Post Conciliation Orders
Outcome
Appeal upheld; modification application approved subject to amended conditions.
Legal Topics
Modification of Development Consent, Conciliation Conference, Environmental Impact, Visual Bulk, Local Environmental Plan
Planning Law Environmental Law Modification of Development Consent Conciliation Conference Environmental Impact Visual Bulk Local Environmental Plan

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Stefan Schonell

Applicant

Mosman Municipal Council

Respondent

Procedural Posture

Modification Application Appeal / Post Conciliation Orders

Legal Issues

  1. 1 Whether the proposed modifications are of minimal environmental impact as required by s 4.55(1A) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the development as modified is substantially the same development as originally approved
  3. 3 Whether all preconditions for granting the modification have been met

Ratio Decidendi

The modifications, as amended pursuant to the agreement reached at the conciliation conference, result in a development of minimal environmental impact that is substantially the same as originally approved. All statutory preconditions for granting the modification have been met, and all contentions have been resolved, supporting approval of the application subject to the amended conditions.

Court Disposition

Appeal upheld; modification application approved subject to amended conditions.

Orders

  • The Applicant is granted leave to amend the modification application to rely upon the amended architectural plans and landscape plans referred to in condition 1 of Annexure 'A'.
  • The Appeal is upheld.