18 Dolphin Street Pty Ltd v Randwick City Council [2021] NSWLEC 1294

18 Dolphin Street Pty Ltd v Randwick City Council [2021] NSWLEC 1294

The Court was satisfied that the modified development was substantially the same as originally approved, compliant with relevant planning provisions and standards, and that the jurisdictional prerequisites for granting consent to the modification were met. The parties’ agreement was a decision the Court could have made, thus orders were made in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
27 May 2021
Procedural Posture
Class 1 Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld, consent granted for modification application.
Legal Topics
['modification Application' 'multi Dwelling Housing' 'car Stackers' 'conciliation Conference' 'development Consent']
['environmental Law' 'planning Law'] ['modification Application' 'multi Dwelling Housing' 'car Stackers' 'conciliation Conference' 'development Consent']

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Procedural Posture

Class 1 Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether the modified development is substantially the same as the originally approved development' 'Compliance with relevant planning controls and standards' 'Satisfaction of jurisdictional prerequisites under s 4.55 of the Environmental Planning and Assessment Act 1979']

Ratio Decidendi

The Court was satisfied that the modified development was substantially the same as originally approved, compliant with relevant planning provisions and standards, and that the jurisdictional prerequisites for granting consent to the modification were met. The parties’ agreement was a decision the Court could have made, thus orders were made in accordance with the agreement.

Court Disposition

Appeal upheld, consent granted for modification application.

Orders

  • ["The applicant be granted leave to rely on the plans described in condition 1 of annexure 'A'." 'The appeal is upheld.' "Development Application no. DA/371/2019/A for the modification of the approved development including reconfigured basement to accommodate car stackers, increased floor area at Level 2 towards the...