Llanfoyst Holdings Pty Ltd v Randwick City Council [2019] NSWLEC 1289

Llanfoyst Holdings Pty Ltd v Randwick City Council [2019] NSWLEC 1289

The Court was satisfied that the agreed decision to grant development consent to the amended application subject to conditions was one it could make in the proper exercise of its functions because the residential flat building use was permissible in the R3 Medium Density Residential zone, the cl 4.6 written requests justified the height and floor space ratio contraventions, and the identified requirements relating to SEPP 65, SEPP 55 and BASIX were addressed. The proceedings were therefore disposed of in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
25 June 2019
Procedural Posture
Class 1 Appeal Concerning a Development Application Deemed Refused / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld and Development Application DA/420/2018 approved subject to conditions.
Legal Topics
['development Application Appeal' 'residential Flat Building' 'clause 4.6 Variation Requests' 'height Development Standard' 'floor Space Ratio Development Standard' 'conciliation Conference' 'development Consent by Agreement']
['planning and Environment Law'] ['development Application Appeal' 'residential Flat Building' 'clause 4.6 Variation Requests' 'height Development Standard' 'floor Space Ratio Development Standard' 'conciliation Conference' 'development Consent by Agreement']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Development Application Deemed Refused / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether leave should be granted to amend the development application' 'Whether development consent should be granted to the amended application subject to conditions pursuant to s 4.16(1) of the Environmental Planning and Assessment Act 1979' 'Whether the written request under cl 4.6 of the Randwick Local Environmental Plan 2012 justified contravention of the height development standard' 'Whether the written request under cl 4.6 of the Randwick Local Environmental Plan 2012 justified contravention of the floor space ratio development standard' 'Whether the agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The Court was satisfied that the agreed decision to grant development consent to the amended application subject to conditions was one it could make in the proper exercise of its functions because the residential flat building use was permissible in the R3 Medium Density Residential zone, the cl 4.6 written requests justified the height and floor space ratio contraventions, and the identified requirements relating to SEPP 65, SEPP 55 and BASIX were addressed. The proceedings were therefore disposed of in accordance with the parties' agreement.

Court Disposition

Appeal upheld and Development Application DA/420/2018 approved subject to conditions.

Orders

  • ["Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1 at Annexure 'A'." 'Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development...