Provelop Group Pty Ltd v Randwick City Council [2021] NSWLEC 1278

Provelop Group Pty Ltd v Randwick City Council [2021] NSWLEC 1278

The Court upheld the appeal and granted consent because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed approval of the amended development application subject to conditions was a decision the Court could make in the proper exercise of its functions, having regard to the relevant statutory and planning controls and the absence of any jurisdictional impediment.

Jurisdiction
Australia
Judgment Date
27 May 2021
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application Da/393/2020 / Final Orders Following S 34 AA Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'attached Dual Occupancy' 'amended Plans' 'conciliation Conference' 'consent Orders' 'basix' 'vegetation Clearing' 'contamination' 'acid Sulfate Soils' 'earthworks']
['planning and Environment Law' 'development Consent'] ['development Application' 'deemed Refusal Appeal' 'attached Dual Occupancy' 'amended Plans' 'conciliation Conference' 'consent Orders' 'basix' 'vegetation Clearing' 'contamination' 'acid Sulfate Soils' 'earthworks']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application Da/393/2020 / Final Orders Following S 34 AA Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the amended development application for demolition of existing structures and construction of a three-storey attached dual occupancy at 159 Duncan Street, Maroubra should be approved.' "Whether the parties' agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether relevant planning controls and statutory preconditions, including owner consent, contamination, BASIX, vegetation, zoning, height, floor space ratio, acid sulfate soils, earthworks and amenity impacts, supported the grant of consent.']

Ratio Decidendi

The Court upheld the appeal and granted consent because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed approval of the amended development application subject to conditions was a decision the Court could make in the proper exercise of its functions, having regard to the relevant statutory and planning controls and the absence of any jurisdictional impediment.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Consent is granted to Development Application for demolition of existing structures and construction of a 3-storey attached dual occupancy, basement car parking, roof top terrace, landscaping and associated works at 159 Duncan Street, Maroubra subject to conditions set out in Annexure A.']