Tahany Pty Ltd v Woollahra Municipal Council

Tahany Pty Ltd sought to amend a development application for a child care centre at 98 Manning Road, Double Bay. The Woollahra Municipal Council opposed the application, leading to an appeal to the Land and Environment Court of New South Wales. The applicant argued that the proposed changes were minor and would not significantly affect the character of the neighbourhood, while the respondent argued that the proposed changes would be too significant and should not be approved. The court was required to determine whether the proposed changes to the development application were minor or major, and whether the applicant was entitled to amend the development application. The court found that the proposed changes were minor and did not significantly alter the character of the neighbourhood. The court also found that the applicant was entitled to amend the development application. The court upheld the appeal and granted development consent for the proposed changes, subject to the conditions outlined in Annexure A. The court further ordered that the applicant pay the respondent's costs thrown away and that exhibits 1, 2, 3, D and MFI1 and MFI2 be returned.