Robinson v Randwick City Council [2020] NSWLEC 1606

Robinson v Randwick City Council [2020] NSWLEC 1606

The Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions because the proposed dwelling house was permissible with consent in the R2 Low Density Residential zone, the clause 4.6 request justified the development standard contravention, relevant planning controls including earthworks, stormwater, foreshore scenic protection, contamination and BASIX matters were addressed, submissions had been considered, and no jurisdictional impediment was identified. The Court was therefore required to dispose of the proceedings in accordance with the parties' s 34 agreement.

Jurisdiction
Australia
Judgment Date
04 December 2020
Procedural Posture
Class 1 Development Application Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Final Orders Following Mandatory Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA/381/2019 approved subject to conditions at Annexure A.
Legal Topics
['development Application' 'demolition and Construction of Dwelling House' 'boundary Adjustment' 'minimum Subdivision Lot Size Variation' 'clause 4.6 Written Request' 'mandatory Conciliation Conference' 'section 34 Agreement']
['planning and Environment Law'] ['development Application' 'demolition and Construction of Dwelling House' 'boundary Adjustment' 'minimum Subdivision Lot Size Variation' 'clause 4.6 Written Request' 'mandatory Conciliation Conference' 'section 34 Agreement']

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Procedural Posture

Class 1 Development Application Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Final Orders Following Mandatory Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could approve Development Application DA/381/2019 following the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the clause 4.6 request seeking variation to the minimum subdivision lot size development standard in clause 4.1 of Randwick Local Environmental Plan 2012 was well founded.' 'Whether the proposed dwelling house and associated works were permissible and acceptable under the applicable planning controls.']

Ratio Decidendi

The Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions because the proposed dwelling house was permissible with consent in the R2 Low Density Residential zone, the clause 4.6 request justified the development standard contravention, relevant planning controls including earthworks, stormwater, foreshore scenic protection, contamination and BASIX matters were addressed, submissions had been considered, and no jurisdictional impediment was identified. The Court was therefore required to dispose of the proceedings in accordance with the parties' s 34 agreement.

Court Disposition

Appeal upheld; Development Application DA/381/2019 approved subject to conditions at Annexure A.

Orders

  • ["The Applicant is granted leave to rely upon the amended plans and documentation referred to in condition 1 of Annexure 'A'." 'The clause 4.6 request dated 25 November 2020 prepared by Lockrey Planning and Development Solutions in relation to the minimum subdivision lot size pursuant to clause 4.1 of Randwick Local...