Adabjou v Randwick City Council [2020] NSWLEC 1644

Adabjou v Randwick City Council [2020] NSWLEC 1644

The appeal is upheld and the modification application approved because the parties have agreed and satisfied all jurisdictional requirements, including that the proposed modifications constitute substantially the same development, have minimal environmental impact, and comply with applicable Environmental Planning Policies including BASIX.

Jurisdiction
Australia
Judgment Date
16 December 2020
Procedural Posture
Development Appeal Modification Application / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; modification application approved; orders made as per agreement
Legal Topics
['modification to Approved Residential Flat Building' 'conciliation Conference' 'agreement Between Parties' 'upholding Appeal' 'development Consent Conditions']
['planning and Environment'] ['modification to Approved Residential Flat Building' 'conciliation Conference' 'agreement Between Parties' 'upholding Appeal' 'development Consent Conditions']

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Procedural Posture

Development Appeal Modification Application / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the jurisdictional prerequisites for modifying development consent are satisfied' 'Whether the proposed modifications are substantially the same development as originally approved' 'Environmental impact and compliance with planning policy']

Ratio Decidendi

The appeal is upheld and the modification application approved because the parties have agreed and satisfied all jurisdictional requirements, including that the proposed modifications constitute substantially the same development, have minimal environmental impact, and comply with applicable Environmental Planning Policies including BASIX.

Court Disposition

Appeal upheld; modification application approved; orders made as per agreement

Orders

  • ['Leave granted to rely on amended plans listed in Annexure A based on statement of reasons and jurisdictional matters in Annexure B' 'Appeal in respect of 30 Beach Street, Coogee upheld' 'Modification Application DA277/2018/A approved for alterations and additions to residential flat building subject to extracted...