Australia, Jan. 31 -- New South Wales Land and Environment Court issued text of the following judgement on Jan. 6:

1. COMMISSIONER: This Class 1 appeal is brought under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) following the deemed refusal by Sutherland Shire Council (the Council) of development application DA24/0230 (the DA) which seeks approval to amend development consent DA21/0629, as modified (the earlier consent) which was granted for residential apartment development at 101-109 Willarong Road, Caringbah NSW 2229 (the site).

2. The DA seeks to amend the earlier consent in two primary ways:

1. Firstly, by amending a condition of consent imposed in respect of the allocation of units for affordable housing,...