Mok v Randwick City Council [2022] NSWLEC 1683

Mok v Randwick City Council [2022] NSWLEC 1683

The Court was satisfied that the clause 4.6 requests adequately justified the contraventions of the floor space ratio and boarding room size development standards, that the amended proposed boarding house development was permissible and consistent with applicable planning controls and public interest considerations, and that the parties' agreed decision to uphold the appeal and grant consent subject to conditions was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
07 December 2022
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Made Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; development consent granted subject to conditions; clause 4.6 requests upheld; applicant ordered to pay respondent costs thrown away.
Legal Topics
['development Appeal' 'development Consent' 'alterations and Additions to Boarding House' 'clause 4.6 Written Request' 'floor Space Ratio Development Standard' 'boarding Room Size Development Standard' 'heritage' 'integrated Development' 'costs Thrown Away']
['planning and Environment' 'land and Environment'] ['development Appeal' 'development Consent' 'alterations and Additions to Boarding House' 'clause 4.6 Written Request' 'floor Space Ratio Development Standard' 'boarding Room Size Development Standard' 'heritage' 'integrated Development' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Made Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the clause 4.6 written request justified contravention of the floor space ratio development standard in cl 4.4 of the Randwick Local Environmental Plan 2012.' 'Whether the clause 4.6 written request justified contravention of the boarding room size development standard in cl 30(1)(b) of the State Environmental Planning Policy (Affordable Rental Housing) 2009.' 'Whether development consent could be granted having regard to relevant planning controls, heritage, stormwater, contamination, BASIX, development control plan provisions, submissions and the public interest.']

Ratio Decidendi

The Court was satisfied that the clause 4.6 requests adequately justified the contraventions of the floor space ratio and boarding room size development standards, that the amended proposed boarding house development was permissible and consistent with applicable planning controls and public interest considerations, and that the parties' agreed decision to uphold the appeal and grant consent subject to conditions was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions; clause 4.6 requests upheld; applicant ordered to pay respondent costs thrown away.

Orders

  • ['The request pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012 in relation to the development standard at clause 4.4 of the Randwick Local Environmental Plan 2012 (floor space ratio) prepared by ABC Planning Pty Ltd dated November 2022 is upheld.' 'The request pursuant to clause 4.6 of the...