Parseh Cronulla Pty Ltd v Sutherland Shire Council

Parseh Cronulla Pty Ltd sought judicial review of a decision by Sutherland Shire Council to refuse an application for modifications to an approved residential flat building. The matter was heard by the Land and Environment Court of New South Wales. The applicant contested the council’s refusal of its application to modify the approved development consent. The applicant sought to add a sixth storey to the building, which would consist of two residential units, and to make changes to the external appearance of the building.

The court considered whether the council was correct in its assessment that the proposed modifications would result in a change to the approved development that would require the applicant to re-lodge an entirely new development application. The applicant contended that the proposed modifications were minor in nature and did not change the overall character of the approved development. The court needed to determine whether the modifications constituted a change in the approved development that was significant enough to require a new application or whether they were minor variations that could be approved under the existing development consent.

The court found in favour of the applicant, holding that the modifications were minor and did not significantly alter the approved development. The court held that the modifications were consistent with the approved development consent and did not require the applicant to re-lodge a new development application. The court found that the council’s refusal to approve the modifications was unreasonable and therefore quashed the decision. The court approved the modifications and modified the development consent accordingly. The applicant is now permitted to proceed with the modifications as per the amended conditions.