Vicar 28 Pty Ltd v Randwick City Council (No 2) [2024] NSWLEC 1077

Vicar 28 Pty Ltd v Randwick City Council (No 2) [2024] NSWLEC 1077

Having previously found that the Modification is substantially the same as DA/620/2020, and after the Applicant confirmed upload of the amended plans and the parties filed agreed and consolidated conditions of consent, the Court upheld the appeal and approved Modification application DA/620/2020/A in accordance with s 4.56(1) of the Environmental Planning and Assessment Act 1979 and s 39(2) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
28 February 2024
Procedural Posture
Class 1 Modification Application Appeal / Consequential Orders
Outcome
The appeal is upheld and Modification application DA/620/2020/A is approved.
Legal Topics
['modification Application' 'setback' 'streetscape' 'acoustic Impact' 'visual Impact' 'amenity Impact' 'residential Flat Building']
['planning and Environment Law'] ['modification Application' 'setback' 'streetscape' 'acoustic Impact' 'visual Impact' 'amenity Impact' 'residential Flat Building']

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Procedural Posture

Class 1 Modification Application Appeal / Consequential Orders

Legal Issues

  1. 1 ['Whether Modification application DA/620/2020/A should be approved under s 4.56(1) of the Environmental Planning and Assessment Act 1979 and s 39(2) of the Land and Environment Court Act 1979.' 'Whether the amended plans and amended Landscape plan had been uploaded to the NSW Planning Portal and agreed conditions of consent had been filed.' 'Whether the Modification is substantially the same as DA/620/2020.']

Ratio Decidendi

Having previously found that the Modification is substantially the same as DA/620/2020, and after the Applicant confirmed upload of the amended plans and the parties filed agreed and consolidated conditions of consent, the Court upheld the appeal and approved Modification application DA/620/2020/A in accordance with s 4.56(1) of the Environmental Planning and Assessment Act 1979 and s 39(2) of the Land and Environment Court Act 1979.

Court Disposition

The appeal is upheld and Modification application DA/620/2020/A is approved.

Orders

  • ['The appeal is upheld.' 'Modification application DA/620/2020/A is approved for the three-storey residential flat building with modifications to the four units, the basement car parking allocation together with an exhaust vent on the carpark roof in relation to the land known as 28 Vicar Street, Coogee being the...