United Well Investments Pty Limited v South Sydney City Council [2000] NSWLEC 126

Land and Environment Court of New South Wales

CITATION : United Well Investments Pty Limited v South Sydney City Council [2000] NSWLEC 126 APPLICANT: United Well Investments Pty Limited PARTIES : ACN 077 556 855

RESPONDENT: South Sydney City Council FILE NUMBER(S) : 10993 of 1999 CORAM: Lloyd J KEY ISSUES: Development Consent :- application for modification of existing development consent - minor change with no external impact - either quantitative or qualitative approach - whether substantially the same development

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 96 CASES CITED: DATES OF HEARING: 16/05/2000 EX TEMPORE 05/16/2000 JUDGMENT DATE :

APPLICANT: C W McEwen (barrister) SOLICITORS: PricewaterhouseCoopers Legal

LEGAL REPRESENTATIVES: RESPONDENT E Ranken (solicitor) SOLICITORS: Pike Pike & Fenwick

JUDGMENT:

IN THE LAND AND Matter No: 10993 of 1999 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 16 May 2000

United Well Investments Pty Limited ACN 077 556 855 Applicant

v

South Sydney City Council Respondent

EXTEMPORE JUDGMENT

HIS HONOUR: 1. This is an appeal under section 96(6) of the Environmental Planning and Assessment Act 1979 ("the Act") against the refusal of an application to modify a development consent pursuant to s 96(2) of that Act.

2. The development consent for which modification is sought was a consent granted to DA U97-00438 for the construction of a ninety unit residential flat building, subsequently reduced to seventy-eight units, and a multi storey hotel having seven levels and containing 274 accommodation rooms, a restaurant, a tavern space, two conference rooms and basement parking, at 96-102 Bayswater Road, Rushcutters Bay.