Primus DMS Pty Ltd v Randwick City Council [2019] NSWLEC 1083

Primus DMS Pty Ltd v Randwick City Council [2019] NSWLEC 1083

The parties' agreed decision was one the Court could have made because the amended development was permissible in the R3 zone, was not inconsistent with the zone objectives, generally satisfied the relevant SEPPARH 2009, RLEP 2012 and RDCP 2013 requirements, adequately addressed amenity, parking, landscaping and structural integrity issues, and the clause 4.6 request justified the minor lift overrun height exceedance. There were no jurisdictional impediments, so the Court was required by s 34(3) of the Land and Environment Court Act 1979 to make orders in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
26 February 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application DA 729/2017 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement for Orders
Outcome
Appeal upheld; Development Application DA 729/2017 approved subject to conditions; clause 4.6 variation request upheld.
Legal Topics
['class 1 Development Appeal' 'deemed Refusal' 'boarding House Development' 'conciliation Conference Agreement' 'clause 4.6 Variation Request' 'height Development Standard' 'affordable Rental Housing' 'amenity Impacts' 'parking Requirements']
['planning and Environment' 'development Consent' 'local Government'] ['class 1 Development Appeal' 'deemed Refusal' 'boarding House Development' 'conciliation Conference Agreement' 'clause 4.6 Variation Request' 'height Development Standard' 'affordable Rental Housing' 'amenity Impacts' 'parking Requirements']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application DA 729/2017 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement for Orders

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application DA 729/2017, as amended, satisfied the relevant matters under s 4.15(1) of the Environmental Planning and Assessment Act 1979.' 'Whether the proposed boarding house was permissible and consistent with the R3 medium density residential zone objectives.' 'Whether the amended plans adequately addressed local character, streetscape, amenity, parking, landscaping and structural integrity issues.' 'Whether the clause 4.6 written request justified variation of the height development standard in cl 4.3 of Randwick Local Environmental Plan 2012.']

Ratio Decidendi

The parties' agreed decision was one the Court could have made because the amended development was permissible in the R3 zone, was not inconsistent with the zone objectives, generally satisfied the relevant SEPPARH 2009, RLEP 2012 and RDCP 2013 requirements, adequately addressed amenity, parking, landscaping and structural integrity issues, and the clause 4.6 request justified the minor lift overrun height exceedance. There were no jurisdictional impediments, so the Court was required by s 34(3) of the Land and Environment Court Act 1979 to make orders in accordance with the agreement.

Court Disposition

Appeal upheld; Development Application DA 729/2017 approved subject to conditions; clause 4.6 variation request upheld.

Orders

  • ['The applicant is granted leave to rely upon the amended plans and documents referred to in condition 1 of annexure "A".' "The applicant is to pay the Council's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979." 'The amended clause 4.6...