Morris v Leichhardt Council [2008] NSWLEC 1106

Morris v Leichhardt Council [2008] NSWLEC 1106

The proposed modification to allow the swimming pool is substantially the same development as previously approved, as it does not radically transform or alter the essential character of the development. The impacts associated with noise, excavation, damp, and the tree are considered reasonable with the conditions imposed.

Parties
Applicant: Mark Morris; Respondent: Leichhardt Council
Jurisdiction
Australia
Judgment Date
25 January 2008
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
Modification of Development Consent, Section 96 Application, Noise Impacts, Excavation Impacts, Damp Impacts, Impact on Trees, Heritage Item, Residential Development
Planning Law Environmental Law Modification of Development Consent Section 96 Application Noise Impacts Excavation Impacts Damp Impacts Impact on Trees +2 more

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Parties

Mark Morris

Applicant

Leichhardt Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed modification is substantially the same development as originally approved
  2. 2 Whether noise, excavation, damp, and impact on tree are acceptable

Ratio Decidendi

The proposed modification to allow the swimming pool is substantially the same development as previously approved, as it does not radically transform or alter the essential character of the development. The impacts associated with noise, excavation, damp, and the tree are considered reasonable with the conditions imposed.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • Consent is granted to the application under section 96 to modify the development consent as set out in Annexure 'A'. The consent as modified is set out in Annexure 'B'.