Vicar 28 Pty Ltd v Randwick City Council [2023] NSWLEC 1803

Vicar 28 Pty Ltd v Randwick City Council [2023] NSWLEC 1803

The modification, including a 1.2m eastern extension and relocation of bedrooms in Unit 1, is substantially the same as the originally approved development; streetscape and amenity impacts are not sufficient to warrant refusal, as landscaping is unaltered, impacts are modest, and privacy issues can be addressed by conditions. Modification approved subject to conditions regarding acoustic treatment to impacted bedroom windows.

Jurisdiction
Australia
Judgment Date
30 January 2024
Procedural Posture
Class 1 Appeal – Modification Application – Environment and Planning / Judgment After Hearing
Outcome
Appeal upheld; Modification approved, subject to further orders on conditions of consent.
Legal Topics
['development Consent Modification' 'setback Controls' 'acoustic and Visual Privacy' 'amenity Impact' 'affordable Housing' 'planning Instruments Interpretation']
['environmental Law' 'planning Law'] ['development Consent Modification' 'setback Controls' 'acoustic and Visual Privacy' 'amenity Impact' 'affordable Housing' 'planning Instruments Interpretation']

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Procedural Posture

Class 1 Appeal – Modification Application – Environment and Planning / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed development modification, including the 1.2m extension and relocation of bedrooms, should be refused due to unsatisfactory setbacks, visual and acoustic privacy impacts, and incompatibility with the local streetscape and character; whether the modification is substantially the same development as originally approved.']

Ratio Decidendi

The modification, including a 1.2m eastern extension and relocation of bedrooms in Unit 1, is substantially the same as the originally approved development; streetscape and amenity impacts are not sufficient to warrant refusal, as landscaping is unaltered, impacts are modest, and privacy issues can be addressed by conditions. Modification approved subject to conditions regarding acoustic treatment to impacted bedroom windows.

Court Disposition

Appeal upheld; Modification approved, subject to further orders on conditions of consent.

Orders

  • ['By 10 February 2024 the parties are to confer and file agreed conditions to ameliorate acoustic impact on windows W15 and W16 in Unit 1, and file consolidated conditions.' 'If parties cannot agree by 10 February 2024, each party to file and serve respective conditions of consent.' 'Applicant to upload amended...