Marks v Willoughby City Council [2022] NSWLEC 1142

Land and Environment Court New South Wales

Medium Neutral Citation: Marks v Willoughby City Council [2022] NSWLEC 1142 Hearing dates: Conciliation conference listed on 14 March 2022 but agreement reached before this conference Date of orders: 21 March 2022 Decision date: 21 March 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: 1) Owner's consent is granted with respect to the lodgement of the development application in regard to the nominated works in The Bulwark road reservation as particularised in the plans and documents referenced at Annexure A. 2) The appeal is upheld. 3) Modification Application No. DA-2015/501/B to modify Development Consent DA-2015/501 at 240 Edinburgh Road, Castlecrag is approved. 4) Development Consent No. DA-2015/501 is modified by the new and amended conditions as set out in Annexure A. 5) The consolidated conditions of Development Consent No. DA-2015/501 as modified by the Court is set out in Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Environmental Planning and Assessment Regulation 2021, cl 113 Land and Environment Court Act 1979, ss 34, 39 Cases Cited: North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Category: Principal judgment Parties: Aidan Austin Marks (Applicant) Willoughby City Council (Respondent) Representation: J Hones (Applicant) L Taylor (Respondent)