Fusion Development Pty Ltd v Randwick City Council [2022] NSWLEC 1255

Fusion Development Pty Ltd v Randwick City Council [2022] NSWLEC 1255

The amended development application satisfied the relevant statutory preconditions, including design excellence under cll 6.11(3) and 6.21(3) of Randwick Local Environmental Plan 2012. Although no competitive design process had been held, the Court was satisfied under cl 6.21(6) that such a process was unnecessary because the proposed development itself exhibited design excellence. The variation from the DCP 2013 building envelope was an acceptable alternative solution under s 4.15(3A)(b) of the Environmental Planning and Assessment Act 1979 and did not prevent consistency with the desired future character of the Kingsford Midtown Precinct. The development was acceptable on its merits and...

Jurisdiction
Australia
Judgment Date
23 May 2022
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application Da/489/2020 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Final Determination After Hearing
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away by amendment of the development application as agreed or assessed.
Legal Topics
['mixed Use Development' 'boarding House' 'design Excellence' 'competitive Design Process' 'development Control Plan Variation' 'kensington and Kingsford Town Centres' 'community Infrastructure' 'sepp Affordable Rental Housing' 'public Domain Impacts']
['planning and Environment Law' 'development Consent' 'land Use Planning'] ['mixed Use Development' 'boarding House' 'design Excellence' 'competitive Design Process' 'development Control Plan Variation' 'kensington and Kingsford Town Centres' 'community Infrastructure' 'sepp Affordable Rental Housing' 'public Domain Impacts']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application Da/489/2020 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether the proposed development exhibited design excellence as required by cll 6.11(3) and 6.21(3) of Randwick Local Environmental Plan 2012.' 'Whether a competitive design process was required under cl 6.21(5) of Randwick Local Environmental Plan 2012 or was unreasonable or unnecessary under cl 6.21(6).' 'Whether the proposed development was consistent with the planning intent and desired future character for the Kensington to Kingsford Precinct despite variation from the Randwick Comprehensive Development Control Plan 2013 building envelope controls.' 'Whether relevant statutory preconditions to the grant of development consent were satisfied.']

Ratio Decidendi

The amended development application satisfied the relevant statutory preconditions, including design excellence under cll 6.11(3) and 6.21(3) of Randwick Local Environmental Plan 2012. Although no competitive design process had been held, the Court was satisfied under cl 6.21(6) that such a process was unnecessary because the proposed development itself exhibited design excellence. The variation from the DCP 2013 building envelope was an acceptable alternative solution under s 4.15(3A)(b) of the Environmental Planning and Assessment Act 1979 and did not prevent consistency with the desired future character of the Kingsford Midtown Precinct. The development was acceptable on its merits and...

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away by amendment of the development application as agreed or assessed.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application DA/489/2020 for demolition of existing structures, construction of a part 5, part 16 storey mixed use development over basement carparking at 273-275 Anzac Parade Kingsford (Lot 1 DP129966 and Lot 1 DP940263), subject to the...