Progress East Pty Ltd v Randwick City Council [2019] NSWLEC 1029

Progress East Pty Ltd v Randwick City Council [2019] NSWLEC 1029

The modifications were modest internal alterations and window-detailing measures that did not change the approved building massing or envelope and did not radically transform the approved six-dwelling residential flat building. With agreed conditions addressing room configuration and privacy, the proposal remained substantially the same development and was of minimal environmental impact. Objectors had been given reasonable notice and their objections were properly taken into account, so it was lawful and appropriate to grant consent to the modifications subject to the agreed conditions.

Jurisdiction
Australia
Judgment Date
06 February 2019
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of an Application to Modify a Development Consent / Determination of Proposed Consent Orders for Modification Application DA 266/2015/c Under S 4.55(1 A)
Outcome
The appeal was upheld and consent was granted for the modifications sought.
Legal Topics
['modification of Development Consent' 'substantially the Same Development' 'minimal Environmental Impact' 'residential Amenity' 'objector Notification and Objections' 'consent Orders']
['environmental and Planning Law' 'development Consent Modification'] ['modification of Development Consent' 'substantially the Same Development' 'minimal Environmental Impact' 'residential Amenity' 'objector Notification and Objections' 'consent Orders']

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of an Application to Modify a Development Consent / Determination of Proposed Consent Orders for Modification Application DA 266/2015/c Under S 4.55(1 A)

Legal Issues

  1. 1 ['Whether the proposed modification under s 4.55(1A) of the Environmental Planning and Assessment Act 1979 was of minimal environmental impact.' 'Whether the development as modified would be substantially the same development as the development for which consent was originally granted.' 'Whether objections concerning additional sleeping areas, parking and congestion, visual privacy, light spill and acoustic privacy had been properly taken into account.' 'Whether it was lawful and appropriate to make the agreed consent orders granting consent to the modifications.']

Ratio Decidendi

The modifications were modest internal alterations and window-detailing measures that did not change the approved building massing or envelope and did not radically transform the approved six-dwelling residential flat building. With agreed conditions addressing room configuration and privacy, the proposal remained substantially the same development and was of minimal environmental impact. Objectors had been given reasonable notice and their objections were properly taken into account, so it was lawful and appropriate to grant consent to the modifications subject to the agreed conditions.

Court Disposition

The appeal was upheld and consent was granted for the modifications sought.

Orders

  • ['The appeal is upheld.' 'Consent is granted for the modifications sought in respect of development consent DA 266/2015/C for the alterations and additions to the existing residential flat building at 131 Mount Street, Coogee, subject to the schedule of modified conditions set out in Annexure "A" and the...