Charas Developments 2 Pty Ltd v Randwick City Council [2024] NSWLEC 1367

Charas Developments 2 Pty Ltd v Randwick City Council [2024] NSWLEC 1367

The Court was satisfied that the agreed decision was one it could make in the proper exercise of its functions because the amended development application had owner consent, notification and submissions had been considered, applicable SEPP Housing, BASIX, contamination, vegetation, LEP and DCP matters were addressed, and the cl 4.6 written requests justified contraventions of the minimum lot size and height standards. Accordingly, the proceedings were disposed of in accordance with the parties' agreement by granting leave to amend, upholding the appeal, and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
02 July 2024
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 276/2023 / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to Development Application No 276/2023 subject to conditions of consent in Annexure A.
Legal Topics
['deemed Refusal Appeal' 'co Living Housing Development' 'amended Development Application' 'conciliation Conference' 'clause 4.6 Variation' 'minimum Lot Size' 'height of Buildings' 'conditions of Consent']
['environmental Planning and Assessment' 'development Consent' 'land and Environment Court Procedure'] ['deemed Refusal Appeal' 'co Living Housing Development' 'amended Development Application' 'conciliation Conference' 'clause 4.6 Variation' 'minimum Lot Size' 'height of Buildings' 'conditions of Consent']

Case Brief

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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 276/2023 / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether leave should be granted to amend Development Application No DA 276/2023 and rely on the further amended application.' "Whether the Court could make orders granting development consent in accordance with the parties' agreement under s 34 of the Land and Environment Court Act 1979." 'Whether the proposed co-living housing development satisfied applicable environmental planning controls or justified variations to the minimum lot size and height of buildings development standards.']

Ratio Decidendi

The Court was satisfied that the agreed decision was one it could make in the proper exercise of its functions because the amended development application had owner consent, notification and submissions had been considered, applicable SEPP Housing, BASIX, contamination, vegetation, LEP and DCP matters were addressed, and the cl 4.6 written requests justified contraventions of the minimum lot size and height standards. Accordingly, the proceedings were disposed of in accordance with the parties' agreement by granting leave to amend, upholding the appeal, and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted to Development Application No 276/2023 subject to conditions of consent in Annexure A.

Orders

  • ['Leave is granted to the Applicant to amend Development Application No DA 276/2023 and rely on the further amended application listed at [6] in the judgment.' "The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15 of the Environmental Planning and Assessment Act 1979 in the sum of...