Whitehouse Properties Pty Limited v Waverley Council [2019] NSWLEC 1214

Whitehouse Properties Pty Limited v Waverley Council [2019] NSWLEC 1214

The Court is satisfied, based on the parties' submissions and agreement, that the proposed modification results in substantially the same development as originally consented, and all jurisdictional requirements of s 4.55(2) have been met. Therefore, the appeal is upheld and consent for the modification is granted subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
16 May 2019
Procedural Posture
Appeal (class 1) / Judgment and Final Orders After Conciliation Conference
Outcome
Appeal upheld; modification application approved subject to conditions
Legal Topics
['modification of Development Consent' 'appeal Against Refusal of Modification' 'extension of Operating Hours' 'hotel Development' 'conciliation Under S 34 Land and Environment Court Act 1979']
['planning and Environment Law'] ['modification of Development Consent' 'appeal Against Refusal of Modification' 'extension of Operating Hours' 'hotel Development' 'conciliation Under S 34 Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Appeal (class 1) / Judgment and Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed modification results in substantially the same development as originally consented' 'Whether statutory requirements for modification under s 4.55 of the Environmental Planning and Assessment Act 1979 are satisfied']

Ratio Decidendi

The Court is satisfied, based on the parties' submissions and agreement, that the proposed modification results in substantially the same development as originally consented, and all jurisdictional requirements of s 4.55(2) have been met. Therefore, the appeal is upheld and consent for the modification is granted subject to agreed conditions.

Court Disposition

Appeal upheld; modification application approved subject to conditions

Orders

  • ['Leave granted to Applicant to amend Modification Application No. DA-626/2002/F to rely on the plans and documents referred to in Condition 1 of Annexure A' 'The appeal is upheld' 'Modification Application No. DA-626/2002/F (as amended) is approved pursuant to s 4.55 of the Environmental Planning and Assessment Act...