Collard Maxwell Architects Pty Ltd v Randwick City Council [2021] NSWLEC 1807

Collard Maxwell Architects Pty Ltd v Randwick City Council [2021] NSWLEC 1807

The Court made the agreed orders because the amended Development Application was permissible with consent in the R3 Medium Density Residential zone, the owner consent and relevant environmental planning controls and assessment matters were satisfied, the cl 4.6 written request adequately justified the 0.415m height exceedance with no material environmental impacts or additional overshadowing, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
30 December 2021
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da/352/2019 / Section 34 Conciliation Conference; Parties Reached Agreement; Final Orders
Outcome
Appeal upheld; leave granted to amend the Development Application; cl 4.6 written request upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away.
Legal Topics
['development Application' 'mixed Use Development' 'residential Apartment Development' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'conciliation Agreement' 'costs Thrown Away']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['development Application' 'mixed Use Development' 'residential Apartment Development' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'conciliation Agreement' 'costs Thrown Away']

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da/352/2019 / Section 34 Conciliation Conference; Parties Reached Agreement; Final Orders

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreed decision under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites to granting consent to the amended Development Application were satisfied.' "Whether the Applicant's written request under cl 4.6 of Randwick Local Environmental Plan 2012 adequately justified variation of the cl 4.3 height of buildings development standard." 'Whether the amended Development Application should be approved subject to conditions.']

Ratio Decidendi

The Court made the agreed orders because the amended Development Application was permissible with consent in the R3 Medium Density Residential zone, the owner consent and relevant environmental planning controls and assessment matters were satisfied, the cl 4.6 written request adequately justified the 0.415m height exceedance with no material environmental impacts or additional overshadowing, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; leave granted to amend the Development Application; cl 4.6 written request upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away.

Orders

  • ['Leave is granted to the Applicant to amend Development Application DA/352/2019 and rely on the amended plans and documents listed at condition 1 of Annexure A.' "Pursuant to Section 8.15(3) of the EPA Act, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development...