Cadele Investments Pty Ltd v Randwick City Council [2021] NSWLEC 1616

Cadele Investments Pty Ltd v Randwick City Council [2021] NSWLEC 1616

The appeal should be upheld and development consent granted, as the application as amended (with the corrected number of rooms and boarders) accords with the findings of the earlier judgment and meets relevant control standards; minor miscalculations regarding the number of rooms/boarders are inconsequential to the acceptability of the communal living space and do not otherwise affect the compliance with the DCP.

Jurisdiction
Australia
Judgment Date
18 October 2021
Procedural Posture
Development Application Appeal / Final Judgment and Orders Following Compliance With Prior Directions
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'boarding House' 'affordable Rental Housing' 'development Control Plan (dcp)' 'conditions of Consent']
['planning and Environment Law'] ['development Application' 'boarding House' 'affordable Rental Housing' 'development Control Plan (dcp)' 'conditions of Consent']

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Procedural Posture

Development Application Appeal / Final Judgment and Orders Following Compliance With Prior Directions

Legal Issues

  1. 1 ['Whether the development application for a boarding house complies with applicable planning controls, including the Randwick Comprehensive Development Control Plan 2013' 'Whether the calculation of the number of single and double rooms and boarders was correct under the Court’s earlier judgment' 'Whether minor corrections to the number of rooms/boarders affected the compliance with communal living space requirements']

Ratio Decidendi

The appeal should be upheld and development consent granted, as the application as amended (with the corrected number of rooms and boarders) accords with the findings of the earlier judgment and meets relevant control standards; minor miscalculations regarding the number of rooms/boarders are inconsequential to the acceptability of the communal living space and do not otherwise affect the compliance with the DCP.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Amended cl 4.6 written request is upheld.' 'The appeal is upheld.' "Development consent is granted to DA/222/2020 for demolition of existing structures and construction of a part 3 and part 4 storey boarding house containing 26 boarding rooms and 1 manager's room, 2 x communal living rooms, 1 x communal...