Ji Property No. 1 Pty Ltd v Randwick City Council [2021] NSWLEC 1623

Ji Property No. 1 Pty Ltd v Randwick City Council [2021] NSWLEC 1623

As the parties' agreement to amend and approve the development application addresses all relevant jurisdictional prerequisites and planning controls, the Court must and does make orders to give effect to the agreement, granting development consent subject to agreed conditions.

Parties
Applicant: Ji Property No. 1 Pty Ltd; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
20 October 2021
Procedural Posture
Class 1 Appeal / Final Judgment Following Conciliation Conference
Outcome
Appeal upheld; development consent granted (subject to conditions in Annexure A)
Legal Topics
Development Application, Boarding House, Consent Authority Powers, Conciliation Conference, Jurisdictional Prerequisites
Planning and Environment Law Development Application Boarding House Consent Authority Powers Conciliation Conference Jurisdictional Prerequisites

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Parties

Ji Property No. 1 Pty Ltd

Applicant

Randwick City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for a 3-storey boarding house at 5-7 Forsyth Street, Kingsford
  2. 2 Whether amended development application complies with relevant planning controls and policies
  3. 3 Whether all jurisdictional prerequisites for the grant of consent are satisfied under relevant legislation

Ratio Decidendi

As the parties' agreement to amend and approve the development application addresses all relevant jurisdictional prerequisites and planning controls, the Court must and does make orders to give effect to the agreement, granting development consent subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted (subject to conditions in Annexure A)

Orders

  • The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed.
  • The appeal is upheld.