Gross Holdings Pty Ltd v Randwick City Council [2021] NSWLEC 1112

Gross Holdings Pty Ltd v Randwick City Council [2021] NSWLEC 1112

The Court upheld the modification application to correct a minor miscalculation in the affordable housing contribution condition, finding agreement between parties and compliance with statutory requirements.

Jurisdiction
Australia
Judgment Date
15 April 2021
Procedural Posture
Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference and Determination
Outcome
Appeal upheld; modification application approved
Legal Topics
['modification Application' 'affordable Housing Contribution' 'correction of Consent Condition' 'conciliation Conference']
['planning and Environment'] ['modification Application' 'affordable Housing Contribution' 'correction of Consent Condition' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference and Determination

Legal Issues

  1. 1 ['Whether Condition 6 of Development Consent No. 899/2018 should be modified to correct a miscalculation of the affordable housing contribution']

Ratio Decidendi

The Court upheld the modification application to correct a minor miscalculation in the affordable housing contribution condition, finding agreement between parties and compliance with statutory requirements.

Court Disposition

Appeal upheld; modification application approved

Orders

  • ['The appeal is upheld.' 'Modification Application No. DA/899/2018/A to modify Condition 6 of the development consent is approved, subject to consolidated conditions of consent at Annexure A.']