Hassarati Finance Pty Ltd v Randwick City Council [2023] NSWLEC 1028

Hassarati Finance Pty Ltd v Randwick City Council [2023] NSWLEC 1028

Because the amended application satisfied the relevant jurisdictional requirements, the clause 4.6 request adequately justified the height variation, there were no jurisdictional impediments, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required under s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement and grant consent subject to conditions.

Jurisdiction
Australia
Judgment Date
24 January 2023
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application Da/630/2021 / Section 34 Conciliation Conference; Agreement Between the Parties and Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; clause 4.6 height variation request upheld; costs thrown away ordered in the agreed amount.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'shop Top Housing' 'boarding House' 'height Development Standard' 'clause 4.6 Variation Request' 'conciliation Conference' 'costs Thrown Away']
['planning and Environment Law' 'development Consent'] ['development Application' 'deemed Refusal Appeal' 'shop Top Housing' 'boarding House' 'height Development Standard' 'clause 4.6 Variation Request' 'conciliation Conference' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application Da/630/2021 / Section 34 Conciliation Conference; Agreement Between the Parties and Final Orders

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application DA/630/2021, as amended, satisfied the relevant requirements for grant of development consent under s 4.15 of the Environmental Planning and Assessment Act 1979.' 'Whether the clause 4.6 written request justified variation of the clause 4.3 height development standard in the Randwick Local Environmental Plan 2012.' 'Whether there were any jurisdictional impediments to granting consent to the amended development application.']

Ratio Decidendi

Because the amended application satisfied the relevant jurisdictional requirements, the clause 4.6 request adequately justified the height variation, there were no jurisdictional impediments, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required under s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement and grant consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; clause 4.6 height variation request upheld; costs thrown away ordered in the agreed amount.

Orders

  • ["Leave is granted to the applicant to rely on the amended documentation listed in 'Annexure A'." 'The amended written request made, pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012, filed on 20 December 2022, which seeks to vary development standard in clause 4.3 – Height, is upheld.' 'The...