Cracknell & Lonergan Architects Pty Ltd v Randwick City Council [2022] NSWLEC 1394

Cracknell & Lonergan Architects Pty Ltd v Randwick City Council [2022] NSWLEC 1394

Because the amended development application satisfied the relevant jurisdictional requirements, the cl 4.6 written request justified the minor height contravention, and there were no jurisdictional impediments to the parties' agreement, the agreed decision was one the Court could have made in the proper exercise of its functions and the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
26 July 2022
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application Da/547/2021 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Agreement Between the Parties and Final Orders
Outcome
Appeal upheld; cl 4.6 written request upheld; development consent granted subject to conditions; applicant ordered to pay costs thrown away.
Legal Topics
['development Application' 'boarding House' 'height Development Standard' 'clause 4.6 Written Request' 'conciliation Conference' 'costs Thrown Away']
['planning and Environment Law' 'development Consent'] ['development Application' 'boarding House' 'height Development Standard' 'clause 4.6 Written Request' 'conciliation Conference' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application Da/547/2021 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Agreement Between the Parties and Final Orders

Legal Issues

  1. 1 ['Whether the Court could make orders by agreement under s 34(3) of the Land and Environment Court Act 1979.' 'Whether amended development application DA/547/2021 should be granted consent subject to conditions.' 'Whether the written request under cl 4.6 of the Randwick Local Environmental Plan 2012 justified contravention of the height development standard in cl 4.3.' 'Whether jurisdictional prerequisites for granting consent were satisfied.']

Ratio Decidendi

Because the amended development application satisfied the relevant jurisdictional requirements, the cl 4.6 written request justified the minor height contravention, and there were no jurisdictional impediments to the parties' agreement, the agreed decision was one the Court could have made in the proper exercise of its functions and the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; cl 4.6 written request upheld; development consent granted subject to conditions; applicant ordered to pay costs thrown away.

Orders

  • ['The appeal is upheld.' 'The written request made pursuant to cl 4.6 of the Randwick Local Environmental Plan 2012 to justify the contravention of the height development standard in cl 4.3, as prepared by Cracknell & Lonergan Architects Pty Limited and dated 15 June 2022, is upheld.' "Development application...