Perpetual Trustee Company Limited v Randwick City Council [2021] NSWLEC 1355

Perpetual Trustee Company Limited v Randwick City Council [2021] NSWLEC 1355

The Court upheld the appeal and granted conditional consent because the jurisdictional prerequisites for consent under the relevant planning instruments were satisfied, the parties had agreed on amendments addressing exceedances in height and floor space ratio through the provision of community infrastructure and design excellence, and the proposed development complied with requirements relating to heritage, flood risk, services, environmental contamination, sustainability, and other pertinent controls.

Parties
Applicant: Perpetual Trustee Company Limited; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
17 June 2021
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference, Class 1 Appeal
Outcome
Appeal upheld. Development application as amended approved subject to conditions. Applicant to pay respondent’s thrown away costs as agreed or assessed.
Legal Topics
Development Application, Mixed Use Development, Affordable Rental Housing, Community Infrastructure Contributions, Boarding House, Design Excellence, Heritage Impact, Stormwater and Floodplain Management, Building Sustainability, Active Frontages
Planning Law Environmental Law Local Government Law Development Application Mixed Use Development Affordable Rental Housing Community Infrastructure Contributions Boarding House +5 more

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Parties

Perpetual Trustee Company Limited

Applicant

Randwick City Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference, Class 1 Appeal

Legal Issues

  1. 1 Whether the amended development application complies with relevant planning instruments and development standards
  2. 2 Whether additional height and floor space ratio can be consented to under the planning controls for community infrastructure and design excellence
  3. 3 Whether the proposed development is consistent with the objectives and requirements of relevant State Environmental Planning Policies and the Randwick Local Environmental Plan

Ratio Decidendi

The Court upheld the appeal and granted conditional consent because the jurisdictional prerequisites for consent under the relevant planning instruments were satisfied, the parties had agreed on amendments addressing exceedances in height and floor space ratio through the provision of community infrastructure and design excellence, and the proposed development complied with requirements relating to heritage, flood risk, services, environmental contamination, sustainability, and other pertinent controls.

Court Disposition

Appeal upheld. Development application as amended approved subject to conditions. Applicant to pay respondent’s thrown away costs as agreed or assessed.

Orders

  • Applicant granted leave to amend Development Application No DA/414/2020 and rely upon amended plans and documents in Annexure 'A'.
  • Applicant to pay Respondent's costs thrown away as agreed or assessed pursuant to s.8.15(3) of the Environmental Planning and Assessment Act 1979.