Cadele Investments Pty Ltd v Randwick City Council [2021] NSWLEC 1484

Cadele Investments Pty Ltd v Randwick City Council [2021] NSWLEC 1484

The amended boarding house development application, with the removal of Room 4.1 and other modifications, satisfies relevant statutory and planning requirements, including SEPP ARH, RLEP, and DCP controls as applicable. Issues raised, including amenity, privacy, earthworks, drainage easement, and room sizes, can be adequately addressed through conditions. The variation to building height standard under cl 4.6 RLEP is justified and the development is not inconsistent with the character of the local area. Approval is warranted subject to conditions.

Jurisdiction
Australia
Judgment Date
24 August 2021
Procedural Posture
Class 1 Appeal / Judgment and Orders
Outcome
Development application approved subject to conditions; amendment of application and conditions directed.
Legal Topics
['development Application' 'boarding House' 'affordable Rental Housing' 'applicability of DCP Controls' 'building Height' 'floor Space Ratio' 'parking' 'accommodation Size' 'character of Local Area' 'bulk and Scale' 'amenity' 'visual and Acoustic Privacy' 'view Loss' 'earthworks' 'drainage Easement']
['planning and Environment'] ['development Application' 'boarding House' 'affordable Rental Housing' 'applicability of DCP Controls' 'building Height' 'floor Space Ratio' 'parking' 'accommodation Size' 'character of Local Area' 'bulk and Scale' 'amenity' 'visual and Acoustic Privacy' 'view Loss' 'earthworks' 'drainage Easement']

Case Brief

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Procedural Posture

Class 1 Appeal / Judgment and Orders

Legal Issues

  1. 1 ['Whether amended development application for boarding house at 8 Clyde Street, Randwick should be approved' 'Whether DCP controls apply to boarding house and how' 'Whether development complies with statutory instruments including SEPP ARH, RLEP, and Randwick DCP' 'Whether variation to building height standard under cl 4.6 RLEP is justified' 'Adequacy of room size, parking, privacy, bulk and scale, and amenity in proposed development']

Ratio Decidendi

The amended boarding house development application, with the removal of Room 4.1 and other modifications, satisfies relevant statutory and planning requirements, including SEPP ARH, RLEP, and DCP controls as applicable. Issues raised, including amenity, privacy, earthworks, drainage easement, and room sizes, can be adequately addressed through conditions. The variation to building height standard under cl 4.6 RLEP is justified and the development is not inconsistent with the character of the local area. Approval is warranted subject to conditions.

Court Disposition

Development application approved subject to conditions; amendment of application and conditions directed.

Orders

  • ['The Court, exercising under s 39(2) of the Land and Environment Court Act 1979 as consent authority, agrees to amendment of development application DA/222/2020 by the Applicant as set out in specified documents and plans.' 'Randwick City Council is to lodge amendment of development application on NSW planning...