Henry Fraser Pty Ltd v Northern Beaches Council [2026] NSWLEC 1382
Before: Targett C · NSW Land and Environment Court
Summary
this appeal, (Mod2025/0488) made under s 4.55(1A) of the EPA Act, seeks to modify Condition 6 of the Original Consent to reduce the development contribution amount to $93,958 (Modification Application). The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (NSW) (LEC Act). The Modification Application On 28 August 2025, the Modification Application was lodged with the Land and Environment Court und
Catchwords
APPEAL — modification application — modification of condition imposed on the grant of consent — conciliation conference — agreement between the parties — orders
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Consent DA2024/0944 granted by the Land and Environment Court on 11 June 2025 by Henry Fraser Pty Ltd v Northern Beaches Council [2025] NSWLEC 1411 is modified in the terms in Annexure A. (3) Development Consent DA2024/0944 granted by the Land and Environment Court on 11 June 2025 by Henry Fraser Pty Ltd v Northern Beaches Council [2025] NSWLEC 1411 as modified by the Court is at Annexure B.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.55 Land and Environment Court Act 1979 (NSW), ss 17, 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 113
Read the full judgment
Authoritative text on NSW Caselaw · ~9k words
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