Doug Sneddon Planning Pty Ltd v Central Coast Council [2023] NSWLEC 1653

Doug Sneddon Planning Pty Ltd v Central Coast Council [2023] NSWLEC 1653

The modification seeks changes that do not amount to a radical alteration to massing, scale, or use of the development and maintains the number of storeys, with only minor increases to height and GFA; all required notifications and submissions have been considered; and there are no matters under s 4.15(1) of the EPA Act or relevant planning instruments that preclude the grant of the modification, with all procedural steps satisfied and agreement reached between parties.

Jurisdiction
Australia
Judgment Date
03 November 2023
Procedural Posture
Appeal (class 1 Modification Application) / Final Judgment After Conciliation Conference Agreement
Outcome
Appeal upheld; modified consent granted in agreed terms
Legal Topics
['development Consent Modification' 'residential Flat Building' 'heritage' 'state Environmental Planning Policies' 'section 4.55 EPA Act']
['planning and Environment'] ['development Consent Modification' 'residential Flat Building' 'heritage' 'state Environmental Planning Policies' 'section 4.55 EPA Act']

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Procedural Posture

Appeal (class 1 Modification Application) / Final Judgment After Conciliation Conference Agreement

Legal Issues

  1. 1 ['Whether the proposed modification constitutes substantially the same development under s 4.55(2)(a) of the EPA Act' 'Whether the requirements for notification, consultation, and consideration of submissions under s 4.55(2)(b)-(d) of the EPA Act were met' 'Application of relevant planning instruments and policies (e.g. SEPPs, DCP 2018, heritage provisions)' 'Whether any matters under s 4.15(1) of the EPA Act preclude approval']

Ratio Decidendi

The modification seeks changes that do not amount to a radical alteration to massing, scale, or use of the development and maintains the number of storeys, with only minor increases to height and GFA; all required notifications and submissions have been considered; and there are no matters under s 4.15(1) of the EPA Act or relevant planning instruments that preclude the grant of the modification, with all procedural steps satisfied and agreement reached between parties.

Court Disposition

Appeal upheld; modified consent granted in agreed terms

Orders

  • ['The appeal is upheld.' 'Development consent DA 46290/2014 is modified in the terms in Annexure A.' 'Development consent DA 46290/2014, as modified, is set out in Annexure B.']