Jennifer Street Developments Pty Ltd v Randwick City Council [2023] NSWLEC 1554

Jennifer Street Developments Pty Ltd v Randwick City Council [2023] NSWLEC 1554

Because the jurisdictional prerequisites were satisfied, the amended application was consistent with the concept approval, the cl 4.6 written request adequately justified the height contravention, and the agreement between the parties was a decision the Court could have made in the proper exercise of its functions,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 September 2023
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da/580/2022 / Final Orders After S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions; cl 4.6 written request upheld; Applicant ordered to pay Respondent's costs thrown away of $6,000.00.
Legal Topics
['development Application for Residential Flat Buildings' 'clause 4.6 Written Request to Vary Height Development Standard' 'consistency With Concept Development Consent' 'section 34 Conciliation Agreement' 'state Environmental Planning Policy No. 65 Design Quality' 'basix' 'biodiversity Conservation and Eastern Suburbs Banksia Scrub' 'contamination and Remediation' 'costs Thrown Away on Amendment of Development Application']
['environmental Planning and Assessment' 'land and Environment Court Class 1 Jurisdiction' 'development Consent' 'biodiversity and Heritage Planning Controls'] ['development Application for Residential Flat Buildings' 'clause 4.6 Written Request to Vary Height Development Standard' 'consistency With Concept Development Consent' 'section 34 Conciliation Agreement' 'state Environmental Planning Policy No. 65 Design Quality' 'basix' 'biodiversity Conservation and Eastern Suburbs Banksia Scrub' 'contamination and Remediation' 'costs Thrown Away on Amendment of Development Application']

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da/580/2022 / Final Orders After S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the agreement between the parties was a decision 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 the amended development application satisfied the relevant jurisdictional prerequisites, including owner consent, notification, and consistency with the concept approval under s 4.24(2) of the Environmental Planning and Assessment Act 1979.' 'Whether the cl 4.6 written request justified contravention of the height of buildings development standard in cl 4.3 of the Randwick Local Environmental Plan 2012.' 'Whether relevant planning controls, including the Randwick Local Environmental Plan 2012 and applicable State Environmental Planning Policies, were adequately addressed.' 'Whether costs thrown away should be paid following amendment of the development application.']

Ratio Decidendi

Because the jurisdictional prerequisites were satisfied, the amended application was consistent with the concept approval, the cl 4.6 written request adequately justified the height contravention, and the agreement between the parties was a decision 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 upholding the appeal and granting consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; cl 4.6 written request upheld; Applicant ordered to pay Respondent's costs thrown away of $6,000.00.

Orders

  • ["Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amendment of the development application in a sum of $6,000.00." "The Applicant's written request under cl 4.6 of the Randwick Local Environmental Plan 2012...