BMA Urban Planning Consultants Pty Ltd v Randwick City Council [2022] NSWLEC 1388

BMA Urban Planning Consultants Pty Ltd v Randwick City Council [2022] NSWLEC 1388

The Court was satisfied that the parties' agreed decision to uphold the appeal and grant consent to the amended development application was one the Court could make in the proper exercise of its functions because the application had the owner's corporation's consent, submissions and neighbour objections had been considered and addressed by amendments or conditions, relevant BASIX, contamination, design quality, zoning, development standard and local environmental plan requirements were satisfied, and the applicable preconditions to consent were met.

Jurisdiction
Australia
Judgment Date
22 July 2022
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No Da/533/2021 / Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away by the amendment.
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'amended Plans' 'deemed Refusal' 'costs Thrown Away' 'basix' 'remediation of Land' 'design Quality' 'randwick Local Environmental Plan 2012']
['planning and Environment Law' 'development Consent'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'amended Plans' 'deemed Refusal' 'costs Thrown Away' 'basix' 'remediation of Land' 'design Quality' 'randwick Local Environmental Plan 2012']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No Da/533/2021 / Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application DA/533/2021, as amended, could be approved subject to conditions.' 'Whether the amended development application satisfied relevant statutory planning controls and preconditions to consent.']

Ratio Decidendi

The Court was satisfied that the parties' agreed decision to uphold the appeal and grant consent to the amended development application was one the Court could make in the proper exercise of its functions because the application had the owner's corporation's consent, submissions and neighbour objections had been considered and addressed by amendments or conditions, relevant BASIX, contamination, design quality, zoning, development standard and local environmental plan requirements were satisfied, and the applicable preconditions to consent were met.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away by the amendment.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away by the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $6,760.00." 'The appeal is upheld.' 'Development Application DA/533/2021 for the demolition of existing structures and...