Randall v Ashfield Council [2014] NSWLEC 1034

Land and Environment Court New South Wales

Medium Neutral Citation: Randall v Ashfield Council [2014] NSWLEC 1034 Hearing dates: 17 February 2014 Decision date: 04 March 2014 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld; 2. The application under s 96(8) of the Environmental Planning and Assessment Act 1979 to modify, under s 96(2), the development consent DA10.2012.051 for the purposes of a residential development at 67-75 Smith Street, Summer Hill is determined by approving the modifications subject to the changes to the conditions of development consent set out in Annexure A; 3. As a consequence of order (2), Development Consent No DA10.2012.051 is now subject to the consolidated, modified conditions of development consent set out in Annexure B; and 4. The exhibits, other than Exhibits 1, A and B, are returned. Catchwords: DEVELOPMENT CONSENT: amend development consent to provide rooms in roof space. Whether substantially the same development; application of SEPP 65 and whether design verification required. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Act Regulation Ashfield Local Environmental Plan 2013 Ashfield Local Environmental Plan 1985 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development State Environmental Planning Policy No 6 - Number of Storeys in a Building State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 Cases Cited: Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Randall v Ashfield Council [2012] NSWLEC 1287 Tipalea Watson Pty Ltd v Ku-ring-gai Council (2003) 129 LGERA 351. Vacik Pty Ltd v Penrith City Council (Land and Environment Court, Stein J, 24 February 1992); Category: Principal judgment Parties: David Randall (Applicant)