Trinvass Pty Ltd v The Council of the City of Sydney [2018] NSWLEC 77

Land and Environment Court New South Wales

Medium Neutral Citation: Trinvass Pty Ltd v The Council of the City of Sydney [2018] NSWLEC 77 Hearing dates: 8 May 2018 Date of orders: 09 May 2018 Decision date: 09 May 2018 Jurisdiction: Class 1 Before: Moore J Decision: Directions at [52] Catchwords: DEVELOPMENT CONSENT - modification application - was proposed modification one which would result in development substantially the same as that originally approved - consideration of proposed modification both quantitatively and qualitatively - proposed modification substantially the same - merit consideration - proposed modification acceptable on merits - appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15 and 4.55 Sydney City Local Environmental Plan 2012, cl 6.21 Cases Cited: Australian Protein Recyclers Pty Limited v Goulburn Mulwaree Shire Council [2006] NSWLEC 641 Vacik Pty Ltd v Penrith City Council, unreported 24 February 1992 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Moto Projects No 2 Pty Limited v North Sydney Council [1999] 106 LGERA 298 Category: Principal judgment Parties: Trinvass Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: Mr C McEwen SC/Ms N Hammond, barrister (Applicant) Ms A Pearman, barrister (Respondent)

Solicitors: Newhouse & Arnold Solicitors (Applicant) The Council of the City of Sydney (Respondent) File Number(s): 383203 of 2017 Publication restriction: No