Stolier v Randwick City Council [2019] NSWLEC 1123

Stolier v Randwick City Council [2019] NSWLEC 1123

The requirements of clause 4.6 of Randwick Local Environmental Plan 2012 were met, establishing that the breach of the height standard was justified on environmental planning grounds and that the objectives of the standard were achieved; thus, consent was granted.

Jurisdiction
Australia
Judgment Date
27 March 2019
Procedural Posture
Appeal Under S 8.7(1) Environmental Planning and Assessment Act 1979 / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'height Standard Contravention' 'consent Authority Powers']
['planning and Environment'] ['development Application' 'height Standard Contravention' 'consent Authority Powers']

Case Brief

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Procedural Posture

Appeal Under S 8.7(1) Environmental Planning and Assessment Act 1979 / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether development consent should be granted despite breach of height standard' 'Whether the applicant’s written request pursuant to cl. 4.6 of Randwick Local Environmental Plan 2012 justifies the breach']

Ratio Decidendi

The requirements of clause 4.6 of Randwick Local Environmental Plan 2012 were met, establishing that the breach of the height standard was justified on environmental planning grounds and that the objectives of the standard were achieved; thus, consent was granted.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['Leave granted to amend Development Application No. DA 161/2018 to rely on listed amended plans and documentation' 'Applicant to pay respondent costs thrown away due to amendment of application in the sum of $10,000.00 within 28 days' 'Applicant’s written request pursuant to clause 4.6 Randwick Local Environmental...