Golden Matilda Pty Ltd v Randwick City Council [2021] NSWLEC 1713

Golden Matilda Pty Ltd v Randwick City Council [2021] NSWLEC 1713

Because the amended Development Application was made with owner consent, was permissible with consent in the R3 Medium Density Residential zone, satisfied or appropriately addressed the relevant provisions of the Randwick Local Environmental Plan 2012, State Environmental Planning Policy No 55—Remediation of Land, State Environmental Planning Policy (Affordable Rental Housing) 2009, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 and s 4.15(1) of the Environmental Planning and Assessment Act 1979, the parties' agreed decision was one the Court could make under s 34(3) of the Land and Environment Court Act 1979. The appeal was therefore upheld and consent...

Jurisdiction
Australia
Judgment Date
22 November 2021
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application Da/688/2020 / Section 34 Conciliation Conference; Parties Reached Agreement; Final Orders Made
Outcome
Appeal upheld; development consent granted to the amended Development Application subject to conditions; Applicant ordered to pay Respondent's costs thrown away.
Legal Topics
['development Application' 'boarding House' 'deemed Refusal Appeal' 'conciliation Agreement' 'development Consent' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'boarding House' 'deemed Refusal Appeal' 'conciliation Agreement' 'development Consent' '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 the Deemed Refusal of Development Application Da/688/2020 / Section 34 Conciliation Conference; Parties Reached Agreement; Final Orders Made

Legal Issues

  1. 1 ["Whether the parties' agreement was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the amended Development Application satisfied the jurisdictional prerequisites for the grant of development consent.' "Whether the Applicant should pay the Respondent's costs thrown away because of amending the Development Application."]

Ratio Decidendi

Because the amended Development Application was made with owner consent, was permissible with consent in the R3 Medium Density Residential zone, satisfied or appropriately addressed the relevant provisions of the Randwick Local Environmental Plan 2012, State Environmental Planning Policy No 55—Remediation of Land, State Environmental Planning Policy (Affordable Rental Housing) 2009, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 and s 4.15(1) of the Environmental Planning and Assessment Act 1979, the parties' agreed decision was one the Court could make under s 34(3) of the Land and Environment Court Act 1979. The appeal was therefore upheld and consent...

Court Disposition

Appeal upheld; development consent granted to the amended Development Application subject to conditions; Applicant ordered to pay Respondent's costs thrown away.

Orders

  • ["Pursuant to Section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs that were thrown away because of amending the Development Application in the sum of $6,200.00." 'The appeal is upheld.' 'Consent is granted to Development Application DA/688/2020, as...