Pacific Leaf Investments Pty Ltd v Randwick City Council [2023] NSWLEC 1657

Pacific Leaf Investments Pty Ltd v Randwick City Council [2023] NSWLEC 1657

The modification application satisfies requirements under s 4.55(2) and s 4.55(3) of the EPA Act, as the development is substantially the same, complies with height and FSR controls, and relevant planning matters do not preclude approval.

Jurisdiction
Australia
Judgment Date
07 November 2023
Procedural Posture
Class 1 Modification Application / Conciliation Conference and Final Orders
Outcome
Modification application granted by consent, conditions imposed.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'development Control' 'medium Density Residential Zoning']
['planning and Environment'] ['modification of Development Consent' 'conciliation Conference' 'development Control' 'medium Density Residential Zoning']

Case Brief

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Procedural Posture

Class 1 Modification Application / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the modified development is substantially the same as originally approved' 'Compliance with relevant planning controls and regulations' 'Consideration of submissions and statutory requirements']

Ratio Decidendi

The modification application satisfies requirements under s 4.55(2) and s 4.55(3) of the EPA Act, as the development is substantially the same, complies with height and FSR controls, and relevant planning matters do not preclude approval.

Court Disposition

Modification application granted by consent, conditions imposed.

Orders

  • ['Consent granted to Modification Application 787/2021/A, as amended, for reconfiguration and expansion of approved development at 14-16 Botany Street, Randwick, subject to conditions in Annexure A.' 'Development consent 787/2021 modified subject to consolidated conditions in Annexure B.' "Applicant to pay...