Iris Diversified Property Pty Ltd v Randwick City Council [2011] NSWLEC 1038

Iris Diversified Property Pty Ltd v Randwick City Council [2011] NSWLEC 1038

The proposed modification is not substantially the same as the original development due to the qualitative impacts of the additional storey, increased floor space ratio, and the inclusion of the bottle shop, which together create unacceptable heritage and character impacts and exceed planning controls.

Jurisdiction
Australia
Judgment Date
13 January 2011
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['development Consent Modification' 'heritage Impacts' 'urban Planning' 'building Height and Bulk' 'streetscape Character']
['planning Law' 'environmental Law'] ['development Consent Modification' 'heritage Impacts' 'urban Planning' 'building Height and Bulk' 'streetscape Character']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposed modification constitutes substantially the same development as originally approved' 'Whether the modification creates unacceptable heritage and character impacts' 'Whether planning controls regarding height, bulk, and floor space ratio are exceeded']

Ratio Decidendi

The proposed modification is not substantially the same as the original development due to the qualitative impacts of the additional storey, increased floor space ratio, and the inclusion of the bottle shop, which together create unacceptable heritage and character impacts and exceed planning controls.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The application to modify the development consent granted by the Court on 24 August 2010 for alterations and additions to the Clovelly Hotel, the construction of a multi-unit housing development and Torrens title subdivision at 379 - 401 Clovelly Road, Clovelly is refused.' 'The exhibits...