Telegraph St Ives Development Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1528

Telegraph St Ives Development Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1528

The Court granted the modification application as the development, as modified, remained substantially the same as originally approved, and all statutory procedural requirements for modification were met, with both parties agreeing to the changes following a conciliation conference.

Jurisdiction
Australia
Judgment Date
14 September 2023
Procedural Posture
Application to Modify Development Consent (class 1) / Final Decision After Conciliation Conference
Outcome
Application granted; modification of consent approved by Court orders.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'seniors Living Development']
['planning and Environment'] ['modification of Development Consent' 'conciliation Conference' 'seniors Living Development']

Case Brief

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Procedural Posture

Application to Modify Development Consent (class 1) / Final Decision After Conciliation Conference

Legal Issues

  1. 1 ['Whether the modification application for development consent DA0415/16 should be granted under s 4.55(2) of the Environmental Planning and Assessment Act 1979' 'Whether the modification results in development substantially the same as originally approved' 'Whether jurisdictional and statutory requirements are met']

Ratio Decidendi

The Court granted the modification application as the development, as modified, remained substantially the same as originally approved, and all statutory procedural requirements for modification were met, with both parties agreeing to the changes following a conciliation conference.

Court Disposition

Application granted; modification of consent approved by Court orders.

Orders

  • ['The application is granted.' 'Development consent DA0415/16 for demolition of an existing dwelling and construction of 10 townhouses for seniors living including basement car parking, drainage/infrastructure works, and landscaping, is modified in the terms set out in Annexure A.' 'Development consent DA0415/16 as...