Case alert - KRV Investments Pty Ltd v Liverpool City Council

In the recent decision of KRV Investments Pty Ltd v Liverpool City Council [2024] NSWLEC 1738, our Planning, Environment and Local Government team successfully defended the Council’s opposition to a development application for 214 units, rife with design issues.

On several occasions over the course of the proceedings, the Applicant was granted leave to amend the development application, including on the third day of the hearing. The Applicant also proposed further design amendments to resolve outstanding design issues, which were intended to be addressed by conditions of consent.

The Court found that these design issues remained unresolved and stressed that last-minute amendments or proposed conditions of consent to address such design issues could lead to unintended consequences that could not be fully assessed by either the Council or the Court on appeal. In particular, the Court found that the changes proposed through conditions of consent would necessitate further changes to the design and layout of the subject proposal. The decision was also consistent with the principle that conditions of consent must not significantly alter the development as established in Mison v Randwick Municipal Council (1991) NSWLR 734.

While the Court is often reluctant to refuse an application to amend a development application, this case demonstrates the risks associated with making changes at the last-minute or by relying on ’band-aid’ conditions of consent.