McGowan v Leichhardt [2004] NSWLEC 130

McGowan v Leichhardt [2004] NSWLEC 130

The Court found that the proposed s 96 modification resulted in changes to bulk, form, and impacts such that it was not substantially the same as the originally approved development under the Environmental Planning and Assessment Act 1979. Consequently, the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
20 February 2004
Procedural Posture
Class 1 Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['development Application' 'section 96 Modification' 'heritage and Conservation Areas' 'floor Space Ratio' 'building Consent']
['planning Law' 'environmental Law'] ['development Application' 'section 96 Modification' 'heritage and Conservation Areas' 'floor Space Ratio' 'building Consent']

Case Brief

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Procedural Posture

Class 1 Appeal / Judgment

Legal Issues

  1. 1 ['Whether the s 96 application is substantially the same development as the original consent' 'Whether the impacts of the amendment render it unacceptable' 'Implications of inconsistent architectural drawings for consent']

Ratio Decidendi

The Court found that the proposed s 96 modification resulted in changes to bulk, form, and impacts such that it was not substantially the same as the originally approved development under the Environmental Planning and Assessment Act 1979. Consequently, the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The exhibits are returned except for exhibits A, B, G and J.']