Supertramp Pty Limited v Northern Beaches Council [2021] NSWLEC 1575

The Court is satisfied, based on the agreed submissions and amendments, that the modified development is substantially the same as the original approved development, the impacts are consistent with planning requirements, and the application meets statutory preconditions, warranting approval of the modification.

Parties: Applicant: Supertramp Pty Limited; Respondent: Northern Beaches Council
Jurisdiction: Australia
Judgment Date: 05 October 2021
Procedural Posture: Modification Application / Conciliation Conference and Final Orders
Outcome: Modification application approved
Legal Topics: Modification of Development Consent, Basement Car Parking, Boarding House Development

Planning Law Modification of Development Consent Basement Car Parking Boarding House Development

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 7

Parties

Supertramp Pty Limited

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Modification Application / Conciliation Conference and Final Orders

Legal Issues

1 Whether the modified development is substantially the same as the approved development
2 Whether conditions of consent and planning requirements are complied with

Ratio Decidendi

Court Disposition

Modification application approved

Orders

Modification Application No. Mod2021/0226 for reconfiguration of basement car parking to accommodate 38 car parking spaces including 1 carshare is approved, subject to consolidated conditions of consent at Annexure A