356-366 New South Head Road Pty Ltd ATF 356-366 New South Head Road Trust v Woollahra Municipal Council [2026] NSWLEC 1622
Before: Bilmon AC · NSW Land and Environment Court
Summary
Appeal – further modification application of a consent granted by the Court – deemed refusal – conciliation conference – onsite view – agreement between the parties – substantially the same development as that for which consent was originally granted – orders made
Catchwords
Appeal – further modification application of a consent granted by the Court – deemed refusal – conciliation conference – onsite view – agreement between the parties – substantially the same development as that for which consent was originally granted – orders made
Outcome
The Court orders: (1) The appeal is upheld. (2) Development consent DA279/2022/1 is further modified by modification application DA279/2022/5 in the terms set out in Annexure A. (3) The terms of the consolidated development consent DA279/2022/1, as modified by the Court is Annexure B.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.56, 8.9, Sch 1, s 10 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021(NSW), ss 98, 100, 113
Read the full judgment
Authoritative text on NSW Caselaw · ~23k words
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