Sepasspour v Randwick City Council [2022] NSWLEC 1585

Sepasspour v Randwick City Council [2022] NSWLEC 1585

The amended Development Application adequately addresses jurisdictional and planning prerequisites, including a justified written request for variation to the height of buildings standard under cl 4.6 of the Randwick Local Environmental Plan 2012. The appeal is upheld and development consent is granted subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
25 October 2022
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'height of Buildings' 'variation Request' 'residential Flat Building' 'conciliation Conference' 'local Environmental Plan']
['environmental Law' 'planning Law'] ['development Application' 'height of Buildings' 'variation Request' 'residential Flat Building' 'conciliation Conference' 'local Environmental Plan']

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Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether consent should be granted to amended Development Application DA 161/2022' 'Whether the written request to vary the height of buildings development standard under cl 4.6 of the Randwick Local Environmental Plan 2012 should be upheld' "Whether amended application resolves the Respondent's contentions regarding bulk, scale, privacy, overshadowing, design quality, and other impacts" 'Whether all relevant jurisdictional requirements and development standards have been satisfied']

Ratio Decidendi

The amended Development Application adequately addresses jurisdictional and planning prerequisites, including a justified written request for variation to the height of buildings standard under cl 4.6 of the Randwick Local Environmental Plan 2012. The appeal is upheld and development consent is granted subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ['Leave granted to Applicant to amend Development Application DA 161/2022 and rely upon amended plans and documents referred to in condition 1 at Annexure A.' "Applicant to pay Respondent's costs thrown away as a result of amending the Development Application in the agreed sum of $4,500 pursuant to section 8.15(3)...