Auspat International No.2 Pty Ltd v Randwick City Council [2022] NSWLEC 1567

Auspat International No.2 Pty Ltd v Randwick City Council [2022] NSWLEC 1567

The concept application as amended does not cause serious and irreversible impacts on biodiversity values, properly addresses threatened species protection, justifies a height standard variation to achieve better environmental outcomes, is compatible with site and heritage context, exhibits design excellence, responds adequately to resident and authority submissions, and is in the public interest. Therefore, consent is granted subject to conditions and the applicant is to pay respondent’s thrown away costs for certain amendments.

Parties
Applicant: Auspat International No.2 Pty Ltd; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
19 October 2022
Procedural Posture
Development Appeal (class 1) / Final Judgment and Orders
Outcome
Appeal upheld; conditional consent granted
Legal Topics
Development Application, Heights and Standards Variation, Biodiversity Offsets and Conservation, Design Excellence, Heritage Impacts, Resident Submissions, Public Interest, Costs Orders
Planning and Environment Development Application Heights and Standards Variation Biodiversity Offsets and Conservation Design Excellence Heritage Impacts Resident Submissions Public Interest +1 more

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Parties

Auspat International No.2 Pty Ltd

Applicant

Randwick City Council

Respondent

Procedural Posture

Development Appeal (class 1) / Final Judgment and Orders

Legal Issues

  1. 1 Whether the amended Stage 1 concept development application should be granted consent considering biodiversity impacts, heritage impacts, compliance with planning controls, height variation, design excellence and public interest.
  2. 2 Whether there are serious and irreversible impacts to biodiversity, especially threatened species, from proposed clearing.
  3. 3 Whether the height development standard under planning controls should be varied.

Ratio Decidendi

The concept application as amended does not cause serious and irreversible impacts on biodiversity values, properly addresses threatened species protection, justifies a height standard variation to achieve better environmental outcomes, is compatible with site and heritage context, exhibits design excellence, responds adequately to resident and authority submissions, and is in the public interest. Therefore, consent is granted subject to conditions and the applicant is to pay respondent’s thrown away costs for certain amendments.

Court Disposition

Appeal upheld; conditional consent granted

Orders

  • The variation request to the building height development standard is upheld.
  • The appeal is upheld.