CE Coogee Development Pty Ltd v Randwick City Council [2021] NSWLEC 1125

CE Coogee Development Pty Ltd v Randwick City Council [2021] NSWLEC 1125

The modifications proposed, including retention of balconies with appropriate planter beds and the intended use of Unit G02, result in a development substantially the same as originally approved, adequately address privacy and amenity concerns, and satisfy relevant planning controls; therefore, Condition 2(b) should be deleted and the modification application approved.

Parties
Applicant: CE Coogee Pty Ltd; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
16 March 2021
Procedural Posture
Class 1 Modification Appeal / Judgment After Hearing
Outcome
Appeal upheld; modification application approved subject to the deletion of Condition 2(b).
Legal Topics
Modification of Development Consent, Conditions of Consent, Development Control Plans, Visual Privacy, Daylight and Ventilation
Planning and Environment Modification of Development Consent Conditions of Consent Development Control Plans Visual Privacy Daylight and Ventilation

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Parties

CE Coogee Pty Ltd

Applicant

Randwick City Council

Respondent

Procedural Posture

Class 1 Modification Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether Condition 2(b) imposed by the Council should be deleted
  2. 2 Appropriate use of area within Unit G02 consequent to relocation of air conditioning plant

Ratio Decidendi

The modifications proposed, including retention of balconies with appropriate planter beds and the intended use of Unit G02, result in a development substantially the same as originally approved, adequately address privacy and amenity concerns, and satisfy relevant planning controls; therefore, Condition 2(b) should be deleted and the modification application approved.

Court Disposition

Appeal upheld; modification application approved subject to the deletion of Condition 2(b).

Orders

  • The appeal is upheld.
  • Modification application DA/138/2019/A as approved on 18 November 2020 to modify Development Consent DA/138/2019, is approved, subject to the deletion of Condition 2(b).