Omaya Investments Pty Ltd v Dean Street Holdings Pty Ltd [2021] NSWCA 2 (01 February 2021) (Basten JA at [1]; Payne JA at [82]; Brereton JA at [83])


Catchwords:


ENVIRONMENT AND PLANNING – development approval – variation of plans – formalities for approval of changes – whether requirement for written application – recording approval of certifying authority – notification of consent authority – effect of breach of regulations

ENVIRONMENT AND PLANNING – enforcement proceedings – construction certificate – variation of development – whether construction certificate modified – whether work undertaken before approval by certifying authority – failure to notify consent authority – whether development unlawful