Modern Building Development Pty Ltd v Cumberland Council [2025] NSWLEC 1070

Modern Building Development Pty Ltd v Cumberland Council [2025] NSWLEC 1070

The Applicant did not make genuine efforts to consolidate as required by the CDCP; the offers to purchase adjoining sites were inadequate and not based on proper valuations considering redevelopment potential. Further, the concept plans failed to demonstrate that residual sites would retain reasonable redevelopment potential, contrary to the DCP. Therefore, the development application cannot be supported and must be refused.

Parties
Applicant: Modern Building Development Pty Ltd; Respondent: Cumberland Council
Jurisdiction
Australia
Judgment Date
11 February 2025
Procedural Posture
Development Appeal (class 1) / Final Orders and Judgment After Hearing
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Appeal, Site Consolidation, Development Control, Genuine Offers, Amalgamation Controls
Planning and Environment Development Appeal Site Consolidation Development Control Genuine Offers Amalgamation Controls

Case Brief

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Parties

Modern Building Development Pty Ltd

Applicant

Cumberland Council

Respondent

Procedural Posture

Development Appeal (class 1) / Final Orders and Judgment After Hearing

Legal Issues

  1. 1 Whether Part F4 of the Cumberland Development Control Plan applies to the proposed development
  2. 2 Whether genuine attempts to consolidate sites were made as required by the DCP
  3. 3 Whether the proposed development would impose unreasonable impacts on redevelopment potential of adjoining properties

Ratio Decidendi

The Applicant did not make genuine efforts to consolidate as required by the CDCP; the offers to purchase adjoining sites were inadequate and not based on proper valuations considering redevelopment potential. Further, the concept plans failed to demonstrate that residual sites would retain reasonable redevelopment potential, contrary to the DCP. Therefore, the development application cannot be supported and must be refused.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • Development application number 2023/0118, as amended, for the removal of trees, demolition of existing structures and construction of a centre based child care facility at 12 Florence Street, South Wentworthville, is refused.