Edrik Properties Pty Ltd trading as Vortex Property Group (NSW) v Georges River Council [2021] NSWLEC 1172

Edrik Properties Pty Ltd trading as Vortex Property Group (NSW) v Georges River Council [2021] NSWLEC 1172

The Court upheld the appeal and approved modification of development consent as the proposed changes met statutory requirements, the modification was substantially the same development, relevant approvals and concurrences were obtained, and the agreement between parties was one the Court could have made in exercise of its functions.

Jurisdiction
Australia
Judgment Date
09 April 2021
Procedural Posture
Modification Application (appeal) / Post Conciliation Conference, Orders Following Agreement
Outcome
Appeal upheld; modification granted
Legal Topics
['modification of Development Consent' 'residential Flat Building' 'development Application Appeal' 'conciliation Conference' 'statutory Requirements for Modification']
['environmental and Planning Law'] ['modification of Development Consent' 'residential Flat Building' 'development Application Appeal' 'conciliation Conference' 'statutory Requirements for Modification']

Case Brief

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Procedural Posture

Modification Application (appeal) / Post Conciliation Conference, Orders Following Agreement

Legal Issues

  1. 1 ['Whether modification application is substantially the same development as originally approved' 'Compliance with statutory and regulatory requirements for modification' 'Whether increase in height and other design amendments can be approved' 'Whether further levels of excavation and modifications to basement comply with planning controls']

Ratio Decidendi

The Court upheld the appeal and approved modification of development consent as the proposed changes met statutory requirements, the modification was substantially the same development, relevant approvals and concurrences were obtained, and the agreement between parties was one the Court could have made in exercise of its functions.

Court Disposition

Appeal upheld; modification granted

Orders

  • ['Leave granted to applicant to rely upon specified amended plans and documents.' 'Development consent DA 2017/0519 modified to permit specified additional units, basement levels, car parking spaces and design changes, subject to conditions in Annexure A.']