Event and Time
Event Description
- Application by Cowan Road Developer Pty Ltd to modify a previously granted development consent for a multi-dwelling housing development consisting of 25 dwellings, basement parking, and associated works.
- Original consent granted on 9 June 2023 after a conciliation conference.
- The modification application lodged on 3 November 2023 under section 4.55(8) of the Environmental Planning and Assessment Act 1979 (EPA Act).
Application and Claims
- The modification application sought to change various aspects of the built form, including:
- Reducing the number of basement levels. - Altering arrangements for on-site detention and rainwater tanks. - Relocating mechanical and plant rooms, air conditioning condensers. - Modifying pedestrian pathways, entrance levels, balcony depths, roof profiles. - Adjusting internal levels and changing door/window heights and materials.
- The application was accompanied by architectural, landscape, civil plans, and supporting documents.
Judicial Decisions
- The Court granted leave for the applicant to rely on amended plans and documents.
- Approved the modification application subject to conditions outlined in Annexure A and established modified conditions in Annexure B.
Dispute Points and Legal Basis
Dispute Points
- Applicant (Cowan Road Developer Pty Ltd):
- Argues that the modifications are minor and maintain the overall character and intent of the original consent. - Supported by an agreement reached during the conciliation conference with the Ku-ring-gai Council.
- Respondent (Ku-ring-gai Council):
- Initially raised concerns regarding the implications of modifications on local amenities and the environment. - Ultimately agreed to the modifications, leading to a collaborative resolution during the conciliation conference.