Randall Pty Limited v Willoughby City Council [2004] NSWLEC 295

Randall Pty Limited v Willoughby City Council [2004] NSWLEC 295

The Commissioner did not err in the Fees application regarding consideration of economic impacts under s 79C(1)(b) or by placing inappropriate reliance on the existing consent. However, in the Lease application, the Commissioner failed to consider properly the question of whether the provision of leased car spaces would create a 'car parking station' as defined, needing to apply the principles of fact and degree established by appellate authority. Thus, the Lease appeal is upheld and remitted for determination on this point.

Parties
Applicant: Randall Pty Limited; Respondent: Willoughby City Council
Jurisdiction
Australia
Judgment Date
11 June 2004
Procedural Posture
Appeal / Judgment on Appeal Under S 56 a of the Land and Environment Court Act 1979
Outcome
Lease appeal upheld and remitted; Fees appeal dismissed.
Legal Topics
Modification of Development Consent, Economic Impacts of Development, Characterisation of Development, Car Parking Provisions, Commissioner's Duty to Give Reasons
Planning and Environment Law Modification of Development Consent Economic Impacts of Development Characterisation of Development Car Parking Provisions Commissioner's Duty to Give Reasons

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Parties

Randall Pty Limited

Applicant

Willoughby City Council

Respondent

Procedural Posture

Appeal / Judgment on Appeal Under S 56 a of the Land and Environment Court Act 1979

Legal Issues

  1. 1 Whether the Commissioner correctly applied s 79C(1)(b) of the Environmental Planning and Assessment Act 1979 regarding economic impacts
  2. 2 Whether leased car parking spaces constitute independent use as a 'car parking station' under SREP 5
  3. 3 Whether the Commissioner failed to make findings linked to zone objectives

Ratio Decidendi

The Commissioner did not err in the Fees application regarding consideration of economic impacts under s 79C(1)(b) or by placing inappropriate reliance on the existing consent. However, in the Lease application, the Commissioner failed to consider properly the question of whether the provision of leased car spaces would create a 'car parking station' as defined, needing to apply the principles of fact and degree established by appellate authority. Thus, the Lease appeal is upheld and remitted for determination on this point.

Court Disposition

Lease appeal upheld and remitted; Fees appeal dismissed.

Orders

  • In matter No. 10071 of 2004 the appeal is upheld.
  • Matter No. 10071 of 2004 to be referred to Commissioner Bly for determination having regard to the findings of the Court in that matter.