Event and Time
Event Description
A modification application was made to amend the development consent for DA 0337/17, which originally permitted the demolition of existing structures and the construction of a residential flat building comprising 36 units, at 1456-1456A Pacific Highway, Turramurra. The Land and Environment Court held a conciliation conference to discuss the proposed modifications and reached an agreement between the parties involved.
Application and Claims
- Modification Application (MA): Lodged directly with the Court pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (EPA Act).
- Proposed Modifications:
- Increase the number of residential units from 36 to 37. - Changes to vehicular access to the site from Finlay Road. - Increase vehicle parking spots from 59 to 63. - Various consequential changes to conditions related to the modification of approved plans.
- Agreements: The parties reached an agreement that was filed on 17 January 2024, detailing acceptable terms for the modification application.
Judicial Decisions
The Court upheld the appeal and modified the development consent as set out in the proposed modifications following the conciliation. The Court confirmed that the modified development was substantially the same as the original consent granted.
Dispute Points and Legal Basis
Dispute Points
- Appellant’s Claims: The appellant sought modifications to increase the density of units and vehicular access, arguing that it aligns with planning objectives.
- Respondent’s Arguments: The respondent raised concerns regarding the density change and its impact on local traffic and infrastructure. They emphasized adherence to existing planning regulations and community feedback received during notifications.