Global Organisation for Divinity v Parramatta City Council (No 2) [2011] NSWLEC 1028
The revised plans’ porch setback is an acceptable outcome in the local context even if not meeting the additional 800mm setback, and the uncontested consent condition 12 should not be modified at this stage without a formal modification application.
- Jurisdiction
- Australia
- Judgment Date
- 01 March 2011
- Procedural Posture
- Class 1 / Post Principal Judgment Consideration of Revised Plans and Conditions
- Outcome
- Setback of porch as per revised plans approved; application to vary condition 12 refused.
- Legal Topics
- ['development Applications' 'building Setbacks' 'conditions of Consent' 'modification of Development Consent']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Class 1 / Post Principal Judgment Consideration of Revised Plans and Conditions
Legal Issues
- 1 ['Whether additional front setback is required for the porch element in revised building plans' 'Whether condition 12 regarding traffic control should be varied after initial consent']
Ratio Decidendi
The revised plans’ porch setback is an acceptable outcome in the local context even if not meeting the additional 800mm setback, and the uncontested consent condition 12 should not be modified at this stage without a formal modification application.
Court Disposition
Setback of porch as per revised plans approved; application to vary condition 12 refused.
Orders
- ['Approval of revised plans with no additional setback for the porch element.' 'No modification to condition 12 of the development consent.']
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