In Innovate Architects v Sutherland Shire Council [2017] NSWLEC 1067, developers sought to modify their development proposal to build a 6 storey residential building. The area in which the development was to be built contained both residential apartment buildings and new developments. The developer sought to amend their proposal to create an additional unit on level 4, thereby increasing the floor space sought.

The amendment was contested because an increase in floor space would reduce the separation between the building and the boundary with two adjoining properties. One of the adjoining properties was a residential apartment building, and the other a new development site.

The modification to the development plans was refused by the Court because the requested amendment would materially impact the amenity of adjoining land. The Court noted that it would not only reduce the privacy and outlook of the existing residential apartment building, but could also constrain the use of nearby land for new developments.

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