Alison Road Pty Ltd ATF Alison Road Trust v Randwick City Council [2020] NSWLEC 1327

Alison Road Pty Ltd ATF Alison Road Trust v Randwick City Council [2020] NSWLEC 1327

The court upheld the appeal and approved the development application because all jurisdictional prerequisites and statutory requirements were satisfied, the written request for the contravention of the building height standard was adequately made and justified, environmental and planning considerations were addressed, and the parties had agreed to terms at a conciliation conference which the court had power to adopt.

Parties
Applicant: Alison Road Pty Ltd ATF Alison Road Trust; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
28 July 2020
Procedural Posture
Appeal of Development Application Refusal (class 1) / Final Judgment/orders After Conciliation Conference
Outcome
Appeal upheld; development application approved with conditions; costs order made.
Legal Topics
Development Application, Consent Authority, Development Standards, Height of Building, Affordable Housing, Boarding Houses, Heritage, Stormwater Management, Land Contamination, Character of Local Area, Jurisdictional Prerequisites
Planning and Environment Law Development Application Consent Authority Development Standards Height of Building Affordable Housing Boarding Houses Heritage +4 more

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Parties

Alison Road Pty Ltd ATF Alison Road Trust

Applicant

Randwick City Council

Respondent

Procedural Posture

Appeal of Development Application Refusal (class 1) / Final Judgment/orders After Conciliation Conference

Legal Issues

  1. 1 Whether the appeal against refusal of DA/265/2018 should be upheld
  2. 2 Whether jurisdictional prerequisites for granting development consent are satisfied including compliance with planning instruments, standards, and local area impacts

Ratio Decidendi

The court upheld the appeal and approved the development application because all jurisdictional prerequisites and statutory requirements were satisfied, the written request for the contravention of the building height standard was adequately made and justified, environmental and planning considerations were addressed, and the parties had agreed to terms at a conciliation conference which the court had power to adopt.

Court Disposition

Appeal upheld; development application approved with conditions; costs order made.

Orders

  • The Applicant is granted leave to rely on amended plans and documents set out in Annexure A.
  • The Applicant is to pay the Respondent's costs "thrown away" as a result of the amendments pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979 in the agreed amount of $7,000.00 within 21 days.