Australia, May 30 -- New South Wales Land and Environment Court issued text of the following judgement on April 30:
1. COMMISSIONER: These proceedings are a Class 1 development appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the actual refusal of Modification Application No. MA24/0116 by the Sutherland Shire Council to modify Development Consent DA 19/0616 to change the design of the northern side level 2 balcony to non-trafficable and delete condition 2(A)(ii) requiring privacy screens at 23 Pacific Crescent, Maianbar (legally known as Lot 1 DP 1296971) (the site).
2. In exercising the functions of the consent authority on the appeal, the Court has the power to determine the Modification A...