CMH Design Pty Ltd t/a CM Hairis Architects v Randwick City Council [2019] NSWLEC 1136

CMH Design Pty Ltd t/a CM Hairis Architects v Randwick City Council [2019] NSWLEC 1136

Development consent was granted following resolution of all contentions through amendment and agreement between the parties, with orders made pursuant to s 34(3) of the Land and Environment Court Act 1979 as all statutory requirements and planning controls were satisfied.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 March 2019
Procedural Posture
Appeal / Conciliation Conference Resulting in Agreement and Orders
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'merit Appeals' 'conciliation Conference' 'development Consent']
['planning and Environment'] ['development Application' 'merit Appeals' 'conciliation Conference' 'development Consent']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Conciliation Conference Resulting in Agreement and Orders

Legal Issues

  1. 1 ['Whether development consent should be granted for the proposed dwelling given planning controls and contentions' 'Compliance with floor space ratio' 'Impacts on neighbouring properties including view loss, privacy, and landscaping']

Ratio Decidendi

Development consent was granted following resolution of all contentions through amendment and agreement between the parties, with orders made pursuant to s 34(3) of the Land and Environment Court Act 1979 as all statutory requirements and planning controls were satisfied.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['Leave granted to amend development application and rely on specified plans' 'Appeal upheld' 'Development consent granted to application DA178/2018 for demolition and construction of new dwelling including pool and cabana subject to conditions at annexure A']