Wang v Ku-ring-gai Council [2025] NSWLEC 1079

Wang v Ku-ring-gai Council [2025] NSWLEC 1079

The modification application satisfies all jurisdictional and substantive requirements as the development as modified is substantially the same as originally approved, consultation and public notification were properly conducted, public submissions and statutory referral processes were addressed, and agreement was reached between parties. Accordingly, consent as modified is granted.

Parties
Applicant: Xuenan Wang; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
14 February 2025
Procedural Posture
Modification Application Under S 4.55(8) Environmental Planning and Assessment Act 1979 / Principal Judgment After Conciliation Conference and Agreement Between Parties
Outcome
Orders made by consent, modification application approved, development consent modified accordingly.
Legal Topics
Modification of Development Consent, Appeal Class 1 Proceedings, Jurisdictional Requirements Under EPA Act, State Heritage Impacts, Biodiversity Assessment, Conciliation Agreement Under S 34 LEC Act
Planning and Environment Law Modification of Development Consent Appeal Class 1 Proceedings Jurisdictional Requirements Under EPA Act State Heritage Impacts Biodiversity Assessment Conciliation Agreement Under S 34 LEC Act

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 9 Party arguments 2
Sign in to unlock

Parties

Xuenan Wang

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Modification Application Under S 4.55(8) Environmental Planning and Assessment Act 1979 / Principal Judgment After Conciliation Conference and Agreement Between Parties

Legal Issues

  1. 1 Whether modification application meets jurisdictional requirements of s 4.55(2) Environmental Planning and Assessment Act 1979
  2. 2 Whether development as modified is substantially the same as originally approved
  3. 3 Whether consultation and submissions requirements satisfied

Ratio Decidendi

The modification application satisfies all jurisdictional and substantive requirements as the development as modified is substantially the same as originally approved, consultation and public notification were properly conducted, public submissions and statutory referral processes were addressed, and agreement was reached between parties. Accordingly, consent as modified is granted.

Court Disposition

Orders made by consent, modification application approved, development consent modified accordingly.

Orders

  • The applicant's modification application No. eMOD0092/24 is approved in accordance with the listed documents.
  • Consent is granted to Modification Application eMOD0092/24 and Development Consent DA0114/23 is modified accordingly for construction at 3 Graham Avenue, Pymble.