RNB Property Group Pty Ltd v Waverley City Council [2019] NSWLEC 1169

RNB Property Group Pty Ltd v Waverley City Council [2019] NSWLEC 1169

The Court was satisfied that the parties' agreed decision was one the Court could have made in the proper exercise of its functions because the amended proposal and agreed conditions addressed the relevant planning considerations, the cl 4.6 written requests for the floor space ratio and height contraventions were well founded, the development achieved the objectives of the development standards and zoning despite non-compliance, and the residential apartment development documentation requirements were satisfied. Accordingly, s 34(3) required the proceedings to be disposed of in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
11 April 2019
Procedural Posture
Class 1 Development Appeal Against Deemed Refusal of DA 214/2018 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Final Orders Following Conciliation Conference and Agreement Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA-214/2018 approved subject to conditions at Annexure A.
Legal Topics
['deemed Refusal Appeal' 'conciliation Conference' 'clause 4.6 Variation Request' 'floor Space Ratio Development Standard' 'height of Buildings Development Standard' 'residential Apartment Development' 'shop Top Housing']
['environmental Planning and Assessment' 'development Consent' 'land and Environment Court Procedure'] ['deemed Refusal Appeal' 'conciliation Conference' 'clause 4.6 Variation Request' 'floor Space Ratio Development Standard' 'height of Buildings Development Standard' 'residential Apartment Development' 'shop Top Housing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Appeal Against Deemed Refusal of DA 214/2018 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Final Orders Following Conciliation Conference and Agreement Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." "Whether the applicant's written request under cl 4.6 of the Waverley Local Environment Plan 2012 adequately justified contravention of the floor space ratio development standard in cl 4.4." "Whether the applicant's written request under cl 4.6 of the Waverley Local Environment Plan 2012 adequately justified contravention of the height of buildings development standard in cl 4.3." 'Whether the requirements applying to residential apartment development under State Environmental Planning Policy No.65 – Design Quality in Residential Apartment Development and the Environmental Planning and Assessment Regulation 2000 were satisfied.']

Ratio Decidendi

The Court was satisfied that the parties' agreed decision was one the Court could have made in the proper exercise of its functions because the amended proposal and agreed conditions addressed the relevant planning considerations, the cl 4.6 written requests for the floor space ratio and height contraventions were well founded, the development achieved the objectives of the development standards and zoning despite non-compliance, and the residential apartment development documentation requirements were satisfied. Accordingly, s 34(3) required the proceedings to be disposed of in accordance with the parties' agreement.

Court Disposition

Appeal upheld; Development Application DA-214/2018 approved subject to conditions at Annexure A.

Orders

  • ['The applicant is granted leave to rely upon the amended plans and documentation listed in condition 1 of Annexure "A".' "The applicant is to pay the respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $15,000 within...