Bana Pty Ltd v Randwick City Council [2019] NSWLEC 1209

Bana Pty Ltd v Randwick City Council [2019] NSWLEC 1209

Because the parties agreed on orders, the relevant jurisdictional prerequisites were satisfied, the clause 4.6 requests and character assessment were accepted, and the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
14 May 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application Da/421/2018 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'residential Flat Building' 'affordable Rental Housing' 'clause 4.6 Variation Request' 'floor Space Ratio Development Standard' 'building Height Development Standard' 'character of the Local Area' 'remediation of Land' 'basix']
['planning and Environment Law' 'development Consent'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'residential Flat Building' 'affordable Rental Housing' 'clause 4.6 Variation Request' 'floor Space Ratio Development Standard' 'building Height Development Standard' 'character of the Local Area' 'remediation of Land' 'basix']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application Da/421/2018 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

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 jurisdictional prerequisites for granting development consent under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether the written requests under clause 4.6 of the Randwick Local Environmental Plan 2012 justified contraventions of the maximum floor space ratio and maximum building height development standards.' 'Whether the proposed development was compatible with the character of the local area under clause 16A of State Environmental Planning Policy (Affordable Rental Housing) 2009.' 'Whether consideration of contamination and remediation under State Environmental Planning Policy No 55 – Remediation of Land prevented consent.']

Ratio Decidendi

Because the parties agreed on orders, the relevant jurisdictional prerequisites were satisfied, the clause 4.6 requests and character assessment were accepted, and the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ["Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1 at Annexure 'A'." 'Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development...