Modification application of a consent granted by the Court — conciliation conference — onsite view — agreement between the parties — substantially the same development as that for which consent was originally granted — orders made
Quick Take
1A modification application under s 4.56 of the Environmental Planning and Assessment Act 1979 (NSW) that changes apartment configurations, dwelling mix, and introduces a height exceedance attributable to a lift overrun for communal open space access may remain 'substantially the same development' where the essential identity, land use, character and function of the approved mixed-use building are unchanged.
2A height exceedance of a development standard may be justified under the first Wehbe method where the objectives of the height standard are achieved notwithstanding non-compliance, including where the exceedance relates to non-habitable building services and does not produce materially different overshadowing, visual bulk or privacy impacts.
