Raymar Developments (NSW) Pty Ltd v Randwick City Council [2023] NSWLEC 1720

Raymar Developments (NSW) Pty Ltd v Randwick City Council [2023] NSWLEC 1720

The Court was satisfied that the amended DA was a decision the Court could make in the proper exercise of its functions because the DA had owner consent, had been notified, public submissions and the Respondent's contentions were satisfactorily addressed, the proposed semi-detached dwellings and subdivision were permissible with consent in the R3 Medium Density Residential zone, relevant Randwick Local Environmental Plan 2012 standards and provisions and applicable State Environmental Planning Policies were satisfied, and agreed conditions could be imposed. The Court therefore made the agreed orders granting leave to amend and granting consent subject to conditions.

Jurisdiction
Australia
Judgment Date
29 November 2023
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application Da/510/2022 / Section 34 Conciliation Conference; Agreed Orders
Outcome
Appeal upheld by agreement; development consent granted to the amended Development Application subject to conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'semi Detached Dwellings' 'conciliation Agreement' 'amended Development Application' 'costs Thrown Away']
['planning and Environment Law' 'development Consent'] ['development Application' 'deemed Refusal Appeal' 'semi Detached Dwellings' 'conciliation Agreement' 'amended Development Application' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application Da/510/2022 / Section 34 Conciliation Conference; Agreed Orders

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the amended Development Application satisfied the jurisdictional prerequisites and relevant planning controls for the grant of consent.' "Whether the amended Development Application adequately addressed public submissions and the Respondent's contentions."]

Ratio Decidendi

The Court was satisfied that the amended DA was a decision the Court could make in the proper exercise of its functions because the DA had owner consent, had been notified, public submissions and the Respondent's contentions were satisfactorily addressed, the proposed semi-detached dwellings and subdivision were permissible with consent in the R3 Medium Density Residential zone, relevant Randwick Local Environmental Plan 2012 standards and provisions and applicable State Environmental Planning Policies were satisfied, and agreed conditions could be imposed. The Court therefore made the agreed orders granting leave to amend and granting consent subject to conditions.

Court Disposition

Appeal upheld by agreement; development consent granted to the amended Development Application subject to conditions.

Orders

  • ['Leave is granted to the Applicant to amend Development Application DA/510/2022 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A.' "Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a...