Barel v Randwick City Council [2022] NSWLEC 1176

Barel v Randwick City Council [2022] NSWLEC 1176

The development application is refused due to insufficient information on how excavation, retaining and boundary conditions will be managed, failing to satisfy mandatory preconditions under cl 6.2 of Randwick Local Environmental Plan 2012 and cl 7 of State Environmental Planning Policy No 55, making it impossible for the Court to be satisfied the impacts are acceptable.

Jurisdiction
Australia
Judgment Date
05 April 2022
Procedural Posture
Appeal / Final Determination, After Hearing
Outcome
Appeal dismissed. Development application refused.
Legal Topics
['development Application' 'dual Occupancy' 'excavation' 'site Suitability' 'character' 'earthworks' 'contaminated Land']
['environmental and Planning Law'] ['development Application' 'dual Occupancy' 'excavation' 'site Suitability' 'character' 'earthworks' 'contaminated Land']

Case Brief

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Procedural Posture

Appeal / Final Determination, After Hearing

Legal Issues

  1. 1 ['Whether the excavation proposed is acceptable' 'Whether the site is suitable for a dual occupancy development' 'Whether the development complies with relevant planning controls' 'Whether there is sufficient evidence to assess impacts and site contamination' 'Whether the development is consistent with desired character and will adversely impact neighbouring properties']

Ratio Decidendi

The development application is refused due to insufficient information on how excavation, retaining and boundary conditions will be managed, failing to satisfy mandatory preconditions under cl 6.2 of Randwick Local Environmental Plan 2012 and cl 7 of State Environmental Planning Policy No 55, making it impossible for the Court to be satisfied the impacts are acceptable.

Court Disposition

Appeal dismissed. Development application refused.

Orders

  • ['Appeal is dismissed' 'Development Application 551/2020 at 5 Dacre Street Malabar for demolition and construction of dual occupancy is determined by way of refusal' 'Exhibits are returned, except Exhibit A, B, L and 2']