Drumalbyn B Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1291

Drumalbyn B Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1291

The Court approved the modification application because the parties agreed to modifications that satisfy all jurisdictional and statutory requirements, and the decision is one that the Court could have made properly under its powers. The proposal remained substantially the same as the original development and met the objectives of applicable planning controls.

Parties
First Applicant: Drumalbyn B Pty Ltd (ACN 650 903 423); Second Applicant: Drumalbyn R Pty Ltd (ACN 650 902 677); Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
04 June 2024
Procedural Posture
Class 1 Modification Application / Final Determination Following Conciliation Conference
Outcome
Modification application approved by consent of the parties.
Legal Topics
Modification of Development Consent, Seniors Living, Jurisdictional Prerequisites, Conciliation Conference, Environmental Planning and Assessment Act 1979
Planning and Environment Administrative Law Modification of Development Consent Seniors Living Jurisdictional Prerequisites Conciliation Conference Environmental Planning and Assessment Act 1979

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Drumalbyn B Pty Ltd (ACN 650 903 423)

First Applicant

Drumalbyn R Pty Ltd (ACN 650 902 677)

Second Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Class 1 Modification Application / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether the Court should approve a modification to a development consent under s 4.55(8) of the Environmental Planning and Assessment Act 1979 upon agreement by the parties after conciliation
  2. 2 Whether the jurisdictional prerequisites for modification under ss 4.55 and 4.15 of the EPA Act were met

Ratio Decidendi

The Court approved the modification application because the parties agreed to modifications that satisfy all jurisdictional and statutory requirements, and the decision is one that the Court could have made properly under its powers. The proposal remained substantially the same as the original development and met the objectives of applicable planning controls.

Court Disposition

Modification application approved by consent of the parties.

Orders

  • The modification application pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 is approved.
  • Development consent DA416/2021/1 granted by the Land and Environment Court on 11 January 2023 is modified in the terms listed in Annexure A.