In the recent Land and Environment Court (LEC) decision of Ross v Randwick City Council [2025] NSWLEC 89, Justice Pritchard confirmed that a development control plan (DCP) is a mandatory consideration when determining modification applications under the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act).
The Council’s approval was held invalid, because the assessment failed to engage with the applicable DCP.
Background
On 28 July 2022, ADS Building Designers (ADS) obtained development consent from Randwick City Council (Council) for demolition works and construction of a new two-storey duplex. [...]
