Stonecost P/L v Manly C [2005] NSWLEC 178

Stonecost P/L v Manly C [2005] NSWLEC 178

The Court allowed the s 96(2) modification by consent because it was satisfied the application related to the same development, objectors had been notified and given an opportunity to be heard, the written objections did not warrant rejection, Council lodged no objection, and the merits of the modification were satisfactory.

Jurisdiction
Australia
Judgment Date
05 April 2005
Procedural Posture
Appeal S. 96 Modification to Conditions of Consent Hours of Operation / Ex Tempore Judgment; Consent Orders
Outcome
Appeal upheld; s 96(2) modification allowed by consent subject to conditions in annexure A.
Legal Topics
['s 96 Modification to Conditions of Consent' 'hours of Operation' 'amenity Impacts' 'noise Complaints' 'consent Orders']
['planning and Environmental Law'] ['s 96 Modification to Conditions of Consent' 'hours of Operation' 'amenity Impacts' 'noise Complaints' 'consent Orders']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal S. 96 Modification to Conditions of Consent Hours of Operation / Ex Tempore Judgment; Consent Orders

Legal Issues

  1. 1 ['Whether the s 96 modification application related to the same development.' 'Whether objections concerning amenity impacts justified rejecting the s 96 application.' "Whether the deletion of the trial period and condition 66 for the Steyne Hotel's hours of operation should be allowed."]

Ratio Decidendi

The Court allowed the s 96(2) modification by consent because it was satisfied the application related to the same development, objectors had been notified and given an opportunity to be heard, the written objections did not warrant rejection, Council lodged no objection, and the merits of the modification were satisfactory.

Court Disposition

Appeal upheld; s 96(2) modification allowed by consent subject to conditions in annexure A.

Orders

  • ['The appeal be upheld.' 'The s 96(2) modification for the deletion of the trial period and condition 66 is allowed subject to conditions in annexure A.' 'The exhibits, may be returned.']