HQME Pty Ltd v Randwick City Council [2020] NSWLEC 1185

HQME Pty Ltd v Randwick City Council [2020] NSWLEC 1185

Because the amended development application satisfied the relevant jurisdictional requirements identified by the parties, and the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' agreement by granting leave to rely on amended plans, upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
22 April 2020
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'shop Top Housing' 'sepp 55 Remediation of Land' 'sepp 65 Design Quality' 'randwick Local Environmental Plan 2012']
['planning and Environment' 'development Consent'] ['development Application Appeal' 'conciliation Conference' 'shop Top Housing' 'sepp 55 Remediation of Land' 'sepp 65 Design Quality' 'randwick Local Environmental Plan 2012']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one that 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 development consent could be granted to the amended development application under s 4.16 of the Environmental Planning and Assessment Act 1979.' 'Whether relevant jurisdictional matters under SEPP 55, SEPP 65, the Environmental Planning and Assessment Regulation 2000 and Randwick Local Environmental Plan 2012 were satisfied.']

Ratio Decidendi

Because the amended development application satisfied the relevant jurisdictional requirements identified by the parties, and the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' agreement by granting leave to rely on amended plans, upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the Applicant to rely upon the amended plans listed in the orders.' "The Applicant is to pay the Respondent's costs thrown away as a result of the Applicant amending the development application as agreed or assessed." 'The appeal is upheld.' 'Application no. DA/30/2018 for the demolition of...