Carrdev Pty Ltd v Randwick City Council [2022] NSWLEC 1322

Carrdev Pty Ltd v Randwick City Council [2022] NSWLEC 1322

Because the amended development application was permissible with consent, the relevant jurisdictional prerequisites were satisfied, the cl 4.6 requests for height and floor space ratio variations were acceptable, the applicable SEPP, RLEP and EPA Regulation requirements were addressed, and the parties' 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' agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
22 June 2022
Procedural Posture
Class 1 Development Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application Da/339/2021 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
The appeal was upheld and development consent was granted to Development Application DA/339/2021, subject to conditions; the Applicant was ordered to pay the Respondent's thrown away costs of $5,620.00.
Legal Topics
['development Appeal' 'residential Flat Building' 'conciliation Conference' 'clause 4.6 Development Standard Variations' 'building Height' 'floor Space Ratio' 'affordable Housing Contribution' 'contamination and Remediation' 'basix' 'sepp 65 Design Quality']
['planning and Environment Law' 'development Consent'] ['development Appeal' 'residential Flat Building' 'conciliation Conference' 'clause 4.6 Development Standard Variations' 'building Height' 'floor Space Ratio' 'affordable Housing Contribution' 'contamination and Remediation' 'basix' 'sepp 65 Design Quality']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application Da/339/2021 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court could grant development consent to the amended development application in the proper exercise of its functions under the Environmental Planning and Assessment Act 1979.' 'Whether the jurisdictional prerequisites for the amended development application were satisfied, including permissibility, demolition, building height and floor space ratio variations, stormwater, earthworks, essential services, contamination, BASIX, SEPP 65 and affordable housing contribution requirements.' "Whether, under s 34(3) of the Land and Environment Court Act 1979, the proceedings should be disposed of in accordance with the parties' agreement."]

Ratio Decidendi

Because the amended development application was permissible with consent, the relevant jurisdictional prerequisites were satisfied, the cl 4.6 requests for height and floor space ratio variations were acceptable, the applicable SEPP, RLEP and EPA Regulation requirements were addressed, and the parties' 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' agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

The appeal was upheld and development consent was granted to Development Application DA/339/2021, subject to conditions; the Applicant was ordered to pay the Respondent's thrown away costs of $5,620.00.

Orders

  • ['The appeal is upheld.' "The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment to the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $5,620.00." 'Development consent is granted to...