Pselletes v Randwick City Council

The appeal concerned a dispute between the appellant, Pselletes, and Randwick City Council regarding a development consent. The core of the disagreement was whether the consent granted by the Council for home renovations at 93 Little Bay Road included a proposed balcony. The appeal was heard in the Court of Appeal of New South Wales.

The legal issues before the court were twofold: first, whether the development consent was constituted by the determination of the consent authority to approve the development application under s 80(1) of the *Environmental Planning and Assessment Act 1979*, or by the subsequent notification of that determination under s 81 of the Act; and second, whether the development consent, when properly construed, included the proposed balcony.

The court reasoned that the relevant consent was the determination made by the delegate of the Council, not the subsequent notification. Evidence, including the applicant's letter withdrawing the balcony proposal and the Council's assessment report which noted this withdrawal and recommended approval excluding the balcony, indicated that the intention was not to consent to the balcony. The court found that the primary judge had correctly determined that the consent did not extend to the balcony.

Consequently, the appeal was dismissed, and the appellant was ordered to pay the Council's costs. The court also noted an agreement between the parties concerning specific points of an order issued by the Council.