Normark Developments Pty Ltd v Randwick City Council [2018] NSWLEC 1667

Normark Developments Pty Ltd v Randwick City Council [2018] NSWLEC 1667

Because the parties' agreed decision to uphold the appeal and grant consent to DA 762/2017 with conditions was one that the Court could have made in the proper exercise of its functions, including having regard to the identified planning controls and the status of the existing approved dwellings, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
18 December 2018
Procedural Posture
Class 1 Appeal Against Deemed Refusal of a Development Application / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and Orders Were Made
Outcome
Appeal upheld; development consent granted subject to conditions; applicant ordered to pay the respondent's costs of $750.
Legal Topics
['deemed Refusal Appeal' 'torrens Title Subdivision' 'conciliation Conference' 'agreed Orders' 'minimum Lot Size' 'development Consent Conditions']
['planning and Environment' 'development Consent' 'subdivision'] ['deemed Refusal Appeal' 'torrens Title Subdivision' 'conciliation Conference' 'agreed Orders' 'minimum Lot Size' 'development Consent Conditions']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of a Development Application / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and Orders Were Made

Legal Issues

  1. 1 ["Whether the Court should uphold the appeal and grant consent to DA 762/2017 with conditions in accordance with the parties' agreement." "Whether the parties' agreed decision was one that the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the development application satisfied relevant jurisdictional prerequisites, including consistency with cl 6.4 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and cl 4.1 and cl 4.1D of Randwick Local Environmental Plan 2012.']

Ratio Decidendi

Because the parties' agreed decision to uphold the appeal and grant consent to DA 762/2017 with conditions was one that the Court could have made in the proper exercise of its functions, including having regard to the identified planning controls and the status of the existing approved dwellings, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant ordered to pay the respondent's costs of $750.

Orders

  • ['The Appeal is upheld.' 'The development consent is granted to DA 762/2017 for Torrens title subdivision into two allotments of the property known as 4A and 4B Storey Street, Maroubra subject to the conditions set out in Annexure "A".' "The Applicant pay the Respondent's costs in the amount of $750 as per the...