Skyton Developments No. 2 Pty Ltd v Georges River Council (No 2) [2023] NSWLEC 1756

Skyton Developments No. 2 Pty Ltd v Georges River Council (No 2) [2023] NSWLEC 1756

The modification application is approved as it results in a development that is not substantially different from the original and is satisfactory in urban design and planning terms, subject to conditions as agreed by the parties and set out in Annexure A.

Parties
Applicant: Skyton Developments No. 2 Pty Ltd; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
12 December 2023
Procedural Posture
Development Appeal Modification Application / Post Hearing Orders
Outcome
Appeal upheld; development consent modified.
Legal Topics
Modification Application, Height of Building, Urban Design, Development Consent
Planning and Environment Law Modification Application Height of Building Urban Design Development Consent

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Parties

Skyton Developments No. 2 Pty Ltd

Applicant

Georges River Council

Respondent

Procedural Posture

Development Appeal Modification Application / Post Hearing Orders

Legal Issues

  1. 1 Whether the proposed modification is substantially the same development as originally approved
  2. 2 Appropriateness of conditions to development consent for a mixed use development including building height and design

Ratio Decidendi

The modification application is approved as it results in a development that is not substantially different from the original and is satisfactory in urban design and planning terms, subject to conditions as agreed by the parties and set out in Annexure A.

Court Disposition

Appeal upheld; development consent modified.

Orders

  • The appeal is upheld.
  • Development Consent No DA/183/2016 is modified in the terms in Annexure A.