Emmanuel Solomovic (formerly Cyril Smith & Associates Pty Ltd) v Waverley Council [2004] NSWLEC 501

Emmanuel Solomovic (formerly Cyril Smith & Associates Pty Ltd) v Waverley Council [2004] NSWLEC 501

The amendments were minor, involved no external changes to the appearance of the building, and there was no apparent reason to refuse the application; therefore the Court accepted the Council staff's decision not to re-notify and granted the consent orders modifying the development consent.

Jurisdiction
Australia
Judgment Date
03 August 2004
Procedural Posture
S 96 Application Under the Environmental Planning and Assessment Act to Amend an Original Development Consent / Ex Tempore Judgment on Consent Orders
Outcome
Appeal upheld and development consent modified by consent.
Legal Topics
['development Application' 'modification of Development Consent' 'consent Orders' 'renotification of Amendments']
['planning and Environment Law'] ['development Application' 'modification of Development Consent' 'consent Orders' 'renotification of Amendments']

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Procedural Posture

S 96 Application Under the Environmental Planning and Assessment Act to Amend an Original Development Consent / Ex Tempore Judgment on Consent Orders

Legal Issues

  1. 1 ['Whether the consent granted on 12 April 2002 should be amended to reduce the number of residential dwellings from 19 to 16.' "Whether the amendments were minor such that the Council staff's decision not to re-notify the amendments should be accepted."]

Ratio Decidendi

The amendments were minor, involved no external changes to the appearance of the building, and there was no apparent reason to refuse the application; therefore the Court accepted the Council staff's decision not to re-notify and granted the consent orders modifying the development consent.

Court Disposition

Appeal upheld and development consent modified by consent.

Orders

  • ['The appeal is upheld.' 'Development Consent granted by the Court on 12 April 2002 for the construction of 19 residential dwellings, community room, community shop, pool and two levels of carparking at 4-12 Cadigal Place, Dover Heights be modified pursuant to s 96 of the Environmental Planning and Assessment Act...