Built Developments Pty Ltd v Randwick City Council [2021] NSWLEC 1234

Built Developments Pty Ltd v Randwick City Council [2021] NSWLEC 1234

Development consent should be granted subject to conditions allowing regular attendance by small rigid vehicles (SRVs), occasional attendance by medium and heavy rigid vehicles (MRVs, HRVs) subject to Traffic Control Plan and parking wholly within site, and no approval for articulated vehicles (AVs) due to safety, traffic, and standard non-conformity.

Parties
Applicant: Built Developments Pty Ltd; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
06 May 2021
Procedural Posture
Class 1 Appeal (land and Environment Court) / Post Hearing Directions, Judgment Pending Final Orders
Outcome
Appeal allowed conditionally pending final consent agreement
Legal Topics
Development Applications, Traffic and Vehicle Access, Industrial Zoning, Consent Conditions
Planning Law Environmental Law Development Applications Traffic and Vehicle Access Industrial Zoning Consent Conditions

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Parties

Built Developments Pty Ltd

Applicant

Randwick City Council

Respondent

Procedural Posture

Class 1 Appeal (land and Environment Court) / Post Hearing Directions, Judgment Pending Final Orders

Legal Issues

  1. 1 What size and frequency of vehicles should be permitted to attend the warehouse facility under the development consent
  2. 2 Whether proposed development complies with relevant standards, including AS2890.2 and RDCP controls on vehicle access
  3. 3 Application of flexibility provisions under s 4.15(3A) of the EP&A Act

Ratio Decidendi

Development consent should be granted subject to conditions allowing regular attendance by small rigid vehicles (SRVs), occasional attendance by medium and heavy rigid vehicles (MRVs, HRVs) subject to Traffic Control Plan and parking wholly within site, and no approval for articulated vehicles (AVs) due to safety, traffic, and standard non-conformity.

Court Disposition

Appeal allowed conditionally pending final consent agreement

Orders

  • Parties to prepare agreed conditions of consent, including settled version of condition 110, by 14 May 2021
  • Matter listed for mention on 18 May 2021; to be vacated if conditions are filed, then final orders to dispose of appeal