MAA Consultancy Pty Ltd v Fairfield City Council [2019] NSWLEC 1450

MAA Consultancy Pty Ltd v Fairfield City Council [2019] NSWLEC 1450

The use of the unauthorised works and modified landscaping is substantially the same as the originally approved development, has minimal environmental impact, and does not contravene relevant planning objectives; therefore, the modification application is approved.

Jurisdiction
Australia
Judgment Date
24 September 2019
Procedural Posture
Appeal / Judgment After Hearing
Outcome
Appeal upheld
Legal Topics
['modification Application' 'unauthorised Works' 'floor Space Ratio (fsr)' 'landscaping Requirements' 'substantially the Same Development' 'environmental Impact']
['planning and Environment'] ['modification Application' 'unauthorised Works' 'floor Space Ratio (fsr)' 'landscaping Requirements' 'substantially the Same Development' 'environmental Impact']

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Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the modified development is substantially the same as originally approved' 'Whether the proposed modifications have minimal environmental impact' 'Whether the objectives of the planning instruments are satisfied given unauthorised works and exceedance of the floor space ratio']

Ratio Decidendi

The use of the unauthorised works and modified landscaping is substantially the same as the originally approved development, has minimal environmental impact, and does not contravene relevant planning objectives; therefore, the modification application is approved.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' 'Modification Application 731.2/2011 for use of existing, unauthorised works relating to extensions of a two storey dwelling including creating a dining area, additional bedroom and alfresco area on Lot 105 DP 1159914, also known as 23 Cuthbert Crescent, Edensor Park is approved subject to...