Zhang v Randwick City Council [2022] NSWLEC 1336

Zhang v Randwick City Council [2022] NSWLEC 1336

The appeal was dismissed because the applicant's clause 4.6 written request to vary the Floor Space Ratio development standard failed to adequately justify the variation, chiefly due to the poor amenity provided to future residents in Unit G01, and the development was found inconsistent with the objectives of the R3 zone as well as key Design Quality Principles established in SEPP 65.

Jurisdiction
Australia
Judgment Date
29 June 2022
Procedural Posture
Appeal Against Deemed Refusal of Development Application / Final Judgment
Outcome
Appeal dismissed
Legal Topics
['development Application' 'residential Apartment Development' 'floor Space Ratio' 'residential Amenity' 'design Quality' 'clause 4.6 Request']
['planning and Environment'] ['development Application' 'residential Apartment Development' 'floor Space Ratio' 'residential Amenity' 'design Quality' 'clause 4.6 Request']

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Procedural Posture

Appeal Against Deemed Refusal of Development Application / Final Judgment

Legal Issues

  1. 1 ['Consistency of proposed development with objectives of R3 Medium Density Residential zone' 'Justification for variance of Floor Space Ratio (FSR) development standard' 'Acceptability of residential amenity in the proposed ground level apartment (Unit G01)' 'Merit issues relating to Design Quality Principles of SEPP 65']

Ratio Decidendi

The appeal was dismissed because the applicant's clause 4.6 written request to vary the Floor Space Ratio development standard failed to adequately justify the variation, chiefly due to the poor amenity provided to future residents in Unit G01, and the development was found inconsistent with the objectives of the R3 zone as well as key Design Quality Principles established in SEPP 65.

Court Disposition

Appeal dismissed

Orders

  • ['Applicant may amend DA/353/2021 to reflect architectural plans in Exhibit A' "Applicant to pay Respondent's costs thrown away as a result of amending the Application as agreed or assessed" 'The appeal is dismissed' 'All exhibits are retained with the exception of exhibits A, D, 3, 4 and 5 which are returned']