McElroy v Inner West Council [2021] NSWLEC 1398

McElroy v Inner West Council [2021] NSWLEC 1398

The proposed modification results in a development that is substantially the same as the original consent, notification and submission requirements have been satisfied, the proposal accords with applicable planning controls, and the Court is required to dispose of the proceedings according to the parties' agreement reached at conciliation.

Jurisdiction
Australia
Judgment Date
08 July 2021
Procedural Posture
Appeal Modification Application Under Environmental Planning and Assessment Act 1979 / Decision After Conciliation Conference
Outcome
Appeal upheld; modification application approved; original development consent modified subject to conditions.
Legal Topics
['modification of Development Consent' 'attached Dwellings' 'conciliation Conference' 'development Assessment' 'view Loss' 'leichhardt Local Environmental Plan 2013']
['planning and Environment'] ['modification of Development Consent' 'attached Dwellings' 'conciliation Conference' 'development Assessment' 'view Loss' 'leichhardt Local Environmental Plan 2013']

Case Brief

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Procedural Posture

Appeal Modification Application Under Environmental Planning and Assessment Act 1979 / Decision After Conciliation Conference

Legal Issues

  1. 1 ['Whether the modification application results in a development that is substantially the same as originally approved' 'Whether the notification and submission requirements were met' 'Whether the proposed modifications comply with relevant planning controls']

Ratio Decidendi

The proposed modification results in a development that is substantially the same as the original consent, notification and submission requirements have been satisfied, the proposal accords with applicable planning controls, and the Court is required to dispose of the proceedings according to the parties' agreement reached at conciliation.

Court Disposition

Appeal upheld; modification application approved; original development consent modified subject to conditions.

Orders

  • ['The appeal is upheld.' 'Modification application MOD/2021/0022 is approved and development consent DA/2011/453 is modified by amending condition 2 in the terms set out in Annexure A.' 'Development consent DA/2011/453 is now subject to the consolidated modified conditions of development consent set out in Annexure...