Mark Zhang v Randwick City Council [2022] NSWLEC 1120

Mark Zhang v Randwick City Council [2022] NSWLEC 1120

The appeal was upheld and the amended development application was granted consent because the parties reached agreement at a conciliation conference and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, having regard to the relevant statutory requirements, planning controls, owner consent, contamination, BASIX, SEPP 65, the Randwick Local Environmental Plan 2012, notification and submissions.

Jurisdiction
Australia
Judgment Date
11 March 2022
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application No. Da/625/2020 / Conciliation Conference Agreement and Final Orders
Outcome
Appeal upheld; Development Application DA/625/2020 as amended granted consent subject to conditions; Applicant ordered to pay Respondent's costs thrown away.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'residential Apartment Development' 'development Consent' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'residential Apartment Development' 'development Consent' 'costs Thrown Away']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application No. Da/625/2020 / Conciliation Conference Agreement and Final Orders

Legal Issues

  1. 1 ['Whether the Court could dispose of the appeal in accordance with the agreement reached at the conciliation conference under s 34 of the Land and Environment Court Act 1979.' 'Whether Development Application DA/625/2020 as amended could be approved under the Environmental Planning and Assessment Act 1979, subject to conditions.' "Whether the applicant should pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979."]

Ratio Decidendi

The appeal was upheld and the amended development application was granted consent because the parties reached agreement at a conciliation conference and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, having regard to the relevant statutory requirements, planning controls, owner consent, contamination, BASIX, SEPP 65, the Randwick Local Environmental Plan 2012, notification and submissions.

Court Disposition

Appeal upheld; Development Application DA/625/2020 as amended granted consent subject to conditions; Applicant ordered to pay Respondent's costs thrown away.

Orders

  • ['The appeal is upheld.' 'Development Application DA/625/2020 (as amended) for the demolition of existing structures and construction of a three-storey residential flat building comprising 6 apartments, basement level carparking, landscaping and associated works and landscaping at 29 Stanley Street, Randwick is...