Warehouse on Park Pty Ltd v Inner West Council [2023] NSWLEC 1439

Warehouse on Park Pty Ltd v Inner West Council [2023] NSWLEC 1439

The modification application was granted as the Court was satisfied that the modified development is substantially the same as originally approved, and agreement was reached between the parties at a conciliation conference.

Jurisdiction
Australia
Judgment Date
10 August 2023
Procedural Posture
Modification Application (class 1) / Final Orders Following Conciliation Conference
Outcome
Application granted; development consent modified
Legal Topics
['modification of Development Consent' 'residential Flat Building' 'conciliation Conference']
['planning and Environment'] ['modification of Development Consent' 'residential Flat Building' 'conciliation Conference']

Case Brief

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Procedural Posture

Modification Application (class 1) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the modification application complies with s 4.55(2) Environmental Planning and Assessment Act 1979' 'Whether the modified development is substantially the same as originally approved']

Ratio Decidendi

The modification application was granted as the Court was satisfied that the modified development is substantially the same as originally approved, and agreement was reached between the parties at a conciliation conference.

Court Disposition

Application granted; development consent modified

Orders

  • ['The application is granted.' "Development Consent DA2021/0001 is modified in the terms set out in Annexure 'A'." "Development consent DA2021/0001 as modified by the Court is at Annexure 'B'."]