The Court held that cl 55 of the Environmental Planning and Assessment Regulation 2000 does not require landowner's consent for an amendment or variation of a development application, even where the applicant is not the landowner, because the landowner's original consent to lodgement is taken to encompass the full development assessment process including amendments. The Court further held that 'the land to which the development application relates' refers to the broader 'development site' rather than the narrower 'building footprint', so that a relocation of a proposed building within the broader site area (here, the foreshore of Rose Bay) does not necessarily take the amendment outside the scope of cl 55. The Court left open the question whether the original landowner's consent operates additionally in law to cover the amended application, but held this was unnecessary to resolve given that cl 55 imposes no landowner consent requirement.
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