Micaul Holdings Pty Limited v Randwick City Council [2015] NSWLEC 1386

Micaul Holdings Pty Limited v Randwick City Council [2015] NSWLEC 1386

The clause 4.6 tests were met because the site was unusual by reason of its low-point location, proximity to larger residential flat buildings that would not comply with the height standard, and flood affectation, and those circumstances together with the applicant's written objections provided sufficient environmental planning grounds to vary both the height and floor space ratio controls. The development was permissible in the R3 zone, acceptable under the LEP as varied, provided acceptable amenity and solar access, adequately mitigated impacts, had suitable parking and traffic arrangements subject to prohibiting a right-hand turn, and was suitable for the site. Consent was therefore...

Jurisdiction
Australia
Judgment Date
25 August 2015
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application 11/2015 / Principal Judgment After Hearing
Outcome
Appeal upheld; Development Application 11/2015 approved as a deferred commencement consent subject to conditions.
Legal Topics
['development Application' 'residential Flat Building' 'development Standards' 'clause 4.6 Variation' 'building Height' 'floor Space Ratio' 'solar Access' 'amenity Impacts' 'deferred Commencement Consent']
['environmental Planning and Development' 'land and Environment Court Proceedings'] ['development Application' 'residential Flat Building' 'development Standards' 'clause 4.6 Variation' 'building Height' 'floor Space Ratio' 'solar Access' 'amenity Impacts' 'deferred Commencement Consent']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application 11/2015 / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the applicant's written requests under clause 4.6 of Randwick Local Environmental Plan 2012 justified contraventions of the building height and floor space ratio development standards." 'Whether the proposed residential flat building was consistent with the objectives of the development standards and the R3 Medium Density Residential zone.' 'Whether the proposal provided acceptable amenity, solar access, privacy, traffic, parking, landscaping and streetscape outcomes.' 'Whether consent should be granted as a deferred commencement consent requiring extinguishment of the right-of-way before the consent became operative.']

Ratio Decidendi

The clause 4.6 tests were met because the site was unusual by reason of its low-point location, proximity to larger residential flat buildings that would not comply with the height standard, and flood affectation, and those circumstances together with the applicant's written objections provided sufficient environmental planning grounds to vary both the height and floor space ratio controls. The development was permissible in the R3 zone, acceptable under the LEP as varied, provided acceptable amenity and solar access, adequately mitigated impacts, had suitable parking and traffic arrangements subject to prohibiting a right-hand turn, and was suitable for the site. Consent was therefore...

Court Disposition

Appeal upheld; Development Application 11/2015 approved as a deferred commencement consent subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application 11/2015 for the demolition of existing buildings, tree removal and construction of a residential flat building at 293-297 Alison Road, Coogee is approved as a deferred commencement consent subject to the conditions of consent in Annexure A.' 'The exhibits, other than...