Samavi v Randwick City Council [2021] NSWLEC 1202

Samavi v Randwick City Council [2021] NSWLEC 1202

The Court approved the modification application and amended consent after being satisfied that all statutory requirements, including consideration of s 4.15 EPA Act matters and compatibility with the R3 zone, were addressed and that the agreement reached by parties after a conciliation conference was a decision the Court could lawfully make.

Parties
Applicant: Hamid Samavi; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
27 April 2021
Procedural Posture
Class 1 Appeal / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; modification application approved; development consent modified
Legal Topics
Modification Application, Development Consent, Residential Flat Building, Conciliation Conference
Planning Law Environmental Law Modification Application Development Consent Residential Flat Building Conciliation Conference

Case Brief

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Parties

Hamid Samavi

Applicant

Randwick City Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether modification application to development consent DA/707/2018 should be approved
  2. 2 Whether amended conditions address concerns of adjoining owners
  3. 3 Compatibility with objectives of R3 Medium Density Residential zone

Ratio Decidendi

The Court approved the modification application and amended consent after being satisfied that all statutory requirements, including consideration of s 4.15 EPA Act matters and compatibility with the R3 zone, were addressed and that the agreement reached by parties after a conciliation conference was a decision the Court could lawfully make.

Court Disposition

Appeal upheld; modification application approved; development consent modified

Orders

  • The appeal is upheld.
  • Modification application DA/707/2018/A is approved subject to modified conditions 2(a), 2(c), and 2(n) contained at Annexure 'A'.