Schaw v Randwick City Council [2021] NSWLEC 1287

Schaw v Randwick City Council [2021] NSWLEC 1287

Because the parties reached agreement at the s 34 conciliation conference, the jurisdictional prerequisites for granting consent were satisfied, and the agreed decision was one the Court could have made in the proper exercise of its functions, 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 by upholding the clause 4.6 request, upholding the appeal, and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
26 May 2021
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application No Da/621/2019 / Final Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'clause 4.6 Variation Request' 'building Height Development Standard' 'residential Flat Building']
['planning and Environment Law' 'development Consent'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'clause 4.6 Variation Request' 'building Height Development Standard' 'residential Flat Building']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application No Da/621/2019 / Final Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement reached at the conciliation conference under s 34 of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites for granting development consent to the proposed development were satisfied.' "Whether the Applicant's written request under clause 4.6 of Randwick Local Environmental Plan 2012 to vary the maximum building height development standard in clause 4.3 should be upheld."]

Ratio Decidendi

Because the parties reached agreement at the s 34 conciliation conference, the jurisdictional prerequisites for granting consent were satisfied, and the agreed decision was one the Court could have made in the proper exercise of its functions, 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 by upholding the clause 4.6 request, upholding the appeal, and approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ["The Applicant be granted leave to rely on the plans described in condition 1 of Annexure 'A'." "The Applicant's written request pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012 seeking to justify the breach of the maximum building height development standard pursuant to clause 4.3 of RLEP dated...