Phillip House Nursing Home Pty Ltd v Waverley Council

[2026] NSWLEC 1040

NSW Land and Environment Court

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Planning and Environment
2. › Development consent
3. › Modification of consent
4. › Substantially the same development
5. › Whether deletion of condition restricting age of occupants results in substantially the same development
6. › Whether age of occupants is a material or essential feature
7. › Environmental Planning and Assessment Act 1979 (NSW), s 4.56
1. Planning and Environment
2. › Development consent
3. › Modification of consent
4. › Boarding house development
5. › R3 Medium Density Residential zone
6. › State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A

Quick Take

A condition restricting the age of occupants of a boarding house is not a material or essential feature of the development where the applicable State Environmental Planning Policy does not contemplate age as a qualifying or material factor, and its deletion does not prevent the modified development from being substantially the same.