Stoliar v Randwick City Council [2020] NSWLEC 1198

Stoliar v Randwick City Council [2020] NSWLEC 1198

Because the parties reached agreement and the agreed decision was one the Court could make in the proper exercise of its functions, and because the site was zoned R3 Medium Density Residential, residential flat buildings were permissible with consent, Division 1 of State Environmental Planning Policy (Affordable Rental Housing) 2009 applied, and the design was compatible with the character of the local area, the appeal was upheld and Development Application No. 241/2019 was approved subject to conditions.

Jurisdiction
Australia
Judgment Date
01 May 2020
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No. 241/2019 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. 241/2019 approved subject to conditions.
Legal Topics
['development Application' 'residential Flat Building' 'affordable Rental Housing' 'conciliation Conference' 'consent Orders' 'costs Thrown Away']
['environmental Planning and Assessment' 'land and Environment Court Proceedings'] ['development Application' 'residential Flat Building' 'affordable Rental Housing' 'conciliation Conference' 'consent Orders' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No. 241/2019 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the Court could grant consent to Development Application No. 241/2019 in the proper exercise of its functions under s 4.16 of the Environmental Planning and Assessment Act 1979.' 'Whether the proposed residential flat building was permissible and compatible with the character of the local area.']

Ratio Decidendi

Because the parties reached agreement and the agreed decision was one the Court could make in the proper exercise of its functions, and because the site was zoned R3 Medium Density Residential, residential flat buildings were permissible with consent, Division 1 of State Environmental Planning Policy (Affordable Rental Housing) 2009 applied, and the design was compatible with the character of the local area, the appeal was upheld and Development Application No. 241/2019 was approved subject to conditions.

Court Disposition

Appeal upheld; Development Application No. 241/2019 approved subject to conditions.

Orders

  • ['Leave is granted to the Applicant to amend the application to rely on the plans referred to in condition 1 of the Conditions of Consent at Annexure A.' "The Applicant is to pay the Respondent's costs thrown away as a result of the Applicant amending the application in the amount of $4,250 pursuant to section...