The Trustee for Mosman Finance No. 32 Trust v Mosman Council [2024] NSWLEC 1519

The Trustee for Mosman Finance No. 32 Trust v Mosman Council [2024] NSWLEC 1519

The amended modification application remains substantially the same as the development for which consent was originally granted; all jurisdictional and statutory requirements have been satisfied. The agreed modifications and consent conditions address all objections and contentions, comply with planning instruments and standards, and the parties consented to proposed orders. Accordingly, the Court grants leave to amend, allows the appeal, and modifies the development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
27 August 2024
Procedural Posture
Modification Appeal (class 1) / Final Orders After Conciliation
Outcome
Appeal allowed, development consent modified with conditions
Legal Topics
['modification of Development Consent' 'residential Apartment Development' 'conciliation Agreements' 'environmental Planning Instruments' 'heritage Conservation' 'local Environmental Plan Application']
['planning and Environment'] ['modification of Development Consent' 'residential Apartment Development' 'conciliation Agreements' 'environmental Planning Instruments' 'heritage Conservation' 'local Environmental Plan Application']

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Procedural Posture

Modification Appeal (class 1) / Final Orders After Conciliation

Legal Issues

  1. 1 ['Whether the modified application is substantially the same as the original development consent' 'Whether jurisdictional prerequisites for modification under s 4.55 Environmental Planning and Assessment Act 1979 are met' "Whether concerns of objectors and Respondent's contentions have been adequately addressed" 'Compliance with relevant planning instruments and standards, including floor space ratio, heritage conservation, and environmental policies']

Ratio Decidendi

The amended modification application remains substantially the same as the development for which consent was originally granted; all jurisdictional and statutory requirements have been satisfied. The agreed modifications and consent conditions address all objections and contentions, comply with planning instruments and standards, and the parties consented to proposed orders. Accordingly, the Court grants leave to amend, allows the appeal, and modifies the development consent subject to conditions.

Court Disposition

Appeal allowed, development consent modified with conditions

Orders

  • ['Leave is granted to the Applicant to amend Modification Application DA 8.2022.200.3 and rely on the amended plans and documents listed at Condition 1 of Annexure A.' 'The appeal is upheld.' 'Development Consent DA 8.2022.200.3 is modified subject to the conditions of consent set out at Annexure A.' 'Development...