Samavi v Randwick City Council [2024] NSWLEC 1051

Samavi v Randwick City Council [2024] NSWLEC 1051

The Court upheld the appeal and granted consent because the Applicant's cl 4.6 written request adequately justified the height contravention as an environmental planning response to accommodating additional gross floor area for affordable housing, the proposal was consistent with the objectives of the height standard and R3 zone, the proposal's built form, materials, roof form, bulk and massing were compatible with the mixed character of Stanley Street and the North Randwick Heritage Conservation Area, the evidence established no detrimental impact on the heritage significance of the adjoining conservation area or Emanuel School, view impacts were acceptable, and cl 5.10 of Randwick Local...

Jurisdiction
Australia
Judgment Date
16 February 2024
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 427/2022 / Final Determination After Conciliation Under S 34 of the Land and Environment Court Act 1979 Was Terminated and Leave Was Granted to Rely on an Amended Proposal
Outcome
The appeal is upheld and Development Application No. 427/2022 is determined by the grant of consent, subject to conditions.
Legal Topics
['development Application Appeal' 'contravention of Height of Buildings Development Standard' 'clause 4.6 Variation Request' 'residential Flat Building Alterations and Additions' 'affordable Housing' 'heritage Conservation Area Impacts' 'view Impacts']
['planning and Environment Law' 'development Control' 'heritage Conservation'] ['development Application Appeal' 'contravention of Height of Buildings Development Standard' 'clause 4.6 Variation Request' 'residential Flat Building Alterations and Additions' 'affordable Housing' 'heritage Conservation Area Impacts' 'view Impacts']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 427/2022 / Final Determination After Conciliation Under S 34 of the Land and Environment Court Act 1979 Was Terminated and Leave Was Granted to Rely on an Amended Proposal

Legal Issues

  1. 1 ['Whether the written request under cl 4.6 of Randwick Local Environmental Plan 2012 adequately addressed why compliance with the height of buildings development standard was unreasonable or unnecessary and identified sufficient environmental planning grounds for the contravention.' 'Whether the proposed development was in the public interest because it was consistent with the objectives of the height of buildings development standard and the R3 Medium Density Residential zone.' 'Whether the proposal would adversely affect the heritage significance of the adjoining North Randwick Heritage Conservation Area or the nearby heritage item, Emanuel School.' 'Whether the proposal was out of character with the heritage conservation area and streetscape due to roof form, bulk and massing.' "Whether the proposal's impact on views from apartments to the rear of the site was acceptable." 'Whether cl 5.10 of Randwick Local Environmental Plan 2012 applied to the proposal.']

Ratio Decidendi

The Court upheld the appeal and granted consent because the Applicant's cl 4.6 written request adequately justified the height contravention as an environmental planning response to accommodating additional gross floor area for affordable housing, the proposal was consistent with the objectives of the height standard and R3 zone, the proposal's built form, materials, roof form, bulk and massing were compatible with the mixed character of Stanley Street and the North Randwick Heritage Conservation Area, the evidence established no detrimental impact on the heritage significance of the adjoining conservation area or Emanuel School, view impacts were acceptable, and cl 5.10 of Randwick Local...

Court Disposition

The appeal is upheld and Development Application No. 427/2022 is determined by the grant of consent, subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. 427/2022 for alterations and additions to the approved residential flat building, at 29 Stanley Street, Randwick, is determined by the grant of consent, subject to the conditions of consent in Annexure A.' 'The exhibits, other than Exhibits 2 and 5, are returned.']