Zhang v Randwick City Council [2022] NSWLEC 1386

Zhang v Randwick City Council [2022] NSWLEC 1386

The appeals are upheld and consent is granted subject to conditions because, with the exception of a minor justified height breach at 4 Llanfoyst Street, both developments substantially comply with relevant planning controls, any departures are minor and justified (including under cl 4.6), amenity and streetscape issues are sufficiently managed, and the developments achieve reasonable view sharing as required by Tenacity and relevant plans. The public interest and planning objectives are satisfied.

Parties
Applicant: Mark Zhang; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
20 July 2022
Procedural Posture
Development Appeal (class 1) / Final Judgment and Orders After Hearing
Outcome
Appeals upheld; development consents granted with conditions; applicant to pay respondent's costs thrown away due to amendments; written request to vary building height standard at No. 4 upheld.
Legal Topics
Development Control, Building Height Standards, View Sharing, Streetscape Compatibility, Residential Flat Buildings, Development Consent, Clause 4.6 Variation, Solar Access, Local Environmental Plans, Development Control Plans, Environmental Planning Grounds
Planning and Environment Law Development Control Building Height Standards View Sharing Streetscape Compatibility Residential Flat Buildings Development Consent Clause 4.6 Variation +4 more

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Parties

Mark Zhang

Applicant

Randwick City Council

Respondent

Procedural Posture

Development Appeal (class 1) / Final Judgment and Orders After Hearing

Legal Issues

  1. 1 Whether development applications for residential flat buildings at 3 and 4 Llanfoyst Street should be granted consent subject to conditions; Whether a minor breach of maximum building height (cl 4.3 RLEP) at 4 Llanfoyst justified under cl 4.6; Whether proposed developments satisfy controls relating to setbacks, wall height, solar access, streetscape impact, amenity, and view sharing according to applicable planning instruments and principles

Ratio Decidendi

The appeals are upheld and consent is granted subject to conditions because, with the exception of a minor justified height breach at 4 Llanfoyst Street, both developments substantially comply with relevant planning controls, any departures are minor and justified (including under cl 4.6), amenity and streetscape issues are sufficiently managed, and the developments achieve reasonable view sharing as required by Tenacity and relevant plans. The public interest and planning objectives are satisfied.

Court Disposition

Appeals upheld; development consents granted with conditions; applicant to pay respondent's costs thrown away due to amendments; written request to vary building height standard at No. 4 upheld.

Orders

  • Applicant to pay respondent's costs thrown away as a result of amendment of the application for development consent (in both proceedings).
  • In 2021/54279: The appeal is upheld. Development application No. 619/2020 (3 Llanfoyst Street) determined by granting consent subject to Annexure A conditions. All exhibits retained.