Charalambous v Randwick City Council [2022] NSWLEC 1515

Charalambous v Randwick City Council [2022] NSWLEC 1515

The amended development application satisfies all relevant statutory, environmental planning, and consultation requirements except for development standards regarding height and landscaped area, for which adequate written requests for variation are provided under cl 4.6 of the RLEP, satisfying the thresholds for public interest and planning grounds. The Court accepted the agreement between parties as an appropriate disposition and granted development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
21 September 2022
Procedural Posture
Appeal / Final Orders After Conciliation and Agreement
Outcome
Appeal upheld; development consent granted with conditions
Legal Topics
['development Application' 'variation of Development Standards' 'residential Flat Building' 'height of Buildings' 'landscaped Area' 'affordable Housing' 'local Environmental Plans']
['planning and Environment'] ['development Application' 'variation of Development Standards' 'residential Flat Building' 'height of Buildings' 'landscaped Area' 'affordable Housing' 'local Environmental Plans']

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Procedural Posture

Appeal / Final Orders After Conciliation and Agreement

Legal Issues

  1. 1 ['Whether the amended development application DA/781/2021 should be approved subject to conditions' 'Whether variations to the height of building and minimum landscaped area development standards should be granted under clause 4.6 of the Randwick Local Environmental Plan 2012' 'Whether public submissions and consultation requirements have been met']

Ratio Decidendi

The amended development application satisfies all relevant statutory, environmental planning, and consultation requirements except for development standards regarding height and landscaped area, for which adequate written requests for variation are provided under cl 4.6 of the RLEP, satisfying the thresholds for public interest and planning grounds. The Court accepted the agreement between parties as an appropriate disposition and granted development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted with conditions

Orders

  • ['Leave granted to amend Development Application DA/781/2021 and rely on amended plans and documents listed at condition 1 of Annexure A.' "Applicant to pay the Respondent's costs thrown away due to the amendment in the amount of $6,127.50." "Applicant's written requests under clause 4.6 seeking to vary height of...