Terrigal Grosvenor Lodge Pty Ltd v Wingecarribee Shire Council [2010] NSWLEC 1039

Terrigal Grosvenor Lodge Pty Ltd v Wingecarribee Shire Council [2010] NSWLEC 1039

Because the proposed modifications were minor, the council agreed to them, and the modifications did not require advertising under the council's development control plan, there was no reason why the consent orders should not be made.

Jurisdiction
Australia
Judgment Date
26 February 2010
Procedural Posture
Modification of Development Consent Under S 96(8) of the Environmental Planning and Assessment Act 1979 / Consent Orders Considered in Chambers
Outcome
Modification application granted by consent; the development consent was further modified.
Legal Topics
['modification of Development Consent' 'seniors Living Development' 'consent Orders' 'section 94 Development Contributions']
['planning and Environment Law'] ['modification of Development Consent' 'seniors Living Development' 'consent Orders' 'section 94 Development Contributions']

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Procedural Posture

Modification of Development Consent Under S 96(8) of the Environmental Planning and Assessment Act 1979 / Consent Orders Considered in Chambers

Legal Issues

  1. 1 ['Whether the Court-approved development consent for a seniors living development should be modified under s 96(8) of the Environmental Planning and Assessment Act 1979.' 'Whether minor changes to approved building footprints, tree retention/removal, and staging of s 94 development contributions should be approved by consent.']

Ratio Decidendi

Because the proposed modifications were minor, the council agreed to them, and the modifications did not require advertising under the council's development control plan, there was no reason why the consent orders should not be made.

Court Disposition

Modification application granted by consent; the development consent was further modified.

Orders

  • ['Development Application LUA 06/1428 for the demolition of some existing structures and the erection of a seniors living development at the corner of Moss Vale Road and Links Road, Bowral and approved by the Land and Environment Court on 11 June 2008, modified on 22 January 2009 is further modified and is subject...