Parseh Llanfoyst Pty Ltd v Randwick City Council [2024] NSWLEC 1090

Parseh Llanfoyst Pty Ltd v Randwick City Council [2024] NSWLEC 1090

The Court was satisfied that the parties' agreed decision was one the Court could have made in the proper exercise of its functions. The relevant jurisdictional prerequisites were satisfied, including the cl 4.6 request to vary the solar access development standard in s 18(2)(e) of the State Environmental Planning Policy (Housing) 2021. The written request adequately addressed cl 4.6(3), the proposed development was in the public interest because it was consistent with the objectives of the standard and the R3 Medium Density Residential zone objectives, and the other identified planning controls and prerequisites did not prevent consent. Accordingly, under s 34(3) of the Land and...

Jurisdiction
Australia
Judgment Date
05 March 2024
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Made Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant to pay Respondent's costs thrown away as agreed or assessed.
Legal Topics
['development Appeal' 'demolition and Lot Amalgamation' 'residential Flat Building' 'affordable Housing Scheme' 'solar Access Development Standard' 'clause 4.6 Variation Request' 'conciliation Conference' 'costs Thrown Away']
['planning and Environment Law' 'development Consent' 'land and Environment Court Class 1 Proceedings'] ['development Appeal' 'demolition and Lot Amalgamation' 'residential Flat Building' 'affordable Housing Scheme' 'solar Access Development Standard' 'clause 4.6 Variation Request' 'conciliation Conference' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Made Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreed decision under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites for granting development consent under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' "Whether the Applicant's written request under cl 4.6 of the Randwick Local Environmental Plan 2012 justified contravention of the solar access development standard in s 18(2)(e) of the State Environmental Planning Policy (Housing) 2021." 'Whether development consent should be granted to Development Application DA526/2022 as amended, subject to conditions.']

Ratio Decidendi

The Court was satisfied that the parties' agreed decision was one the Court could have made in the proper exercise of its functions. The relevant jurisdictional prerequisites were satisfied, including the cl 4.6 request to vary the solar access development standard in s 18(2)(e) of the State Environmental Planning Policy (Housing) 2021. The written request adequately addressed cl 4.6(3), the proposed development was in the public interest because it was consistent with the objectives of the standard and the R3 Medium Density Residential zone objectives, and the other identified planning controls and prerequisites did not prevent consent. Accordingly, under s 34(3) of the Land and...

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant to pay Respondent's costs thrown away as agreed or assessed.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed." "The Applicant's written request under clause 4.6 of the Randwick Local Environmental Plan 2012 prepared by GSA Planning, seeking a variation of the...