Progress East Pty Ltd v Randwick City Council [2019] NSWLEC 1029

Land and Environment Court New South Wales

Medium Neutral Citation: Progress East Pty Ltd v Randwick City Council [2019] NSWLEC 1029 Hearing dates: 4 December and 14 December 2018 Date of orders: 06 February 2019 Decision date: 06 February 2019 Jurisdiction: Class 1 Before: Walsh C Decision: (1) The appeal is upheld. (2) Consent is granted for the modifications sought in respect of development consent DA 266/2015/C for the alterations and additions to the existing residential flat building at 131 Mount Street, Coogee, subject to the schedule of modified conditions set out in Annexure "A" and the consolidated conditions as set out in Annexure "B". (3) The exhibits, other than exhibits A, C, 2, 3 and 4, may be returned. Catchwords: DEVELOPMENT APPLICATION: Modification of development consent; s 4.55(1A) of EPA Act; whether substantially the same development; whether minimal environmental impact; amenity; objections; consent orders Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Limited (No 3) [2015] NSWLEC 75 Dravin Pty Ltd v Blacktown City Council [2017] NSWLEC 38 Texts Cited: Practice Note - Class 1 Development Appeals Randwick Development Control Plan 2013 Category: Principal judgment Parties: Progress East Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Solicitors: M Jaku, Jaku Legal (Applicant) V McGrath, Norton Rose Fulbright (Respondent) File Number(s): 2018/174588 Publication restriction: No