The Satellite Group (Ultimo) Pty Ltd v Sydney City Council [1999] NSWLEC 248

The Satellite Group (Ultimo) Pty Ltd v Sydney City Council [1999] NSWLEC 248

The discrepancy between elevation and plan drawings is a minor error within the meaning of s 96(1). The elevation should prevail, permitting the amendment of the plan drawings for units 17 and 29 in accordance with the exhibited plans.

Jurisdiction
Australia
Judgment Date
01 October 1999
Procedural Posture
Application to Modify Development Consent / Judgment
Outcome
Application to modify development consent granted
Legal Topics
['modification of Development Consent' 'correction of Error in Planning Drawings']
['planning and Environment Law'] ['modification of Development Consent' 'correction of Error in Planning Drawings']

Case Brief

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Procedural Posture

Application to Modify Development Consent / Judgment

Legal Issues

  1. 1 ['Whether a discrepancy between elevation and plan drawings amounts to a minor error under s 96(1) Environmental Planning and Assessment Act 1979' 'Whether the development consent could be modified to correct the error']

Ratio Decidendi

The discrepancy between elevation and plan drawings is a minor error within the meaning of s 96(1). The elevation should prevail, permitting the amendment of the plan drawings for units 17 and 29 in accordance with the exhibited plans.

Court Disposition

Application to modify development consent granted

Orders

  • ['Development application No Z94.006.02 as previously varied is further modified in accordance with plans SK01, SK02, SK03, SK04, SK05, SK06, SK07 and SK08 August 1999.' 'Exhibit A be retained.' 'Other exhibits may be returned.']