Adabjou v Randwick City Council [2019] NSWLEC 1343

Adabjou v Randwick City Council [2019] NSWLEC 1343

The Commissioner was satisfied that the jurisdictional matters identified by the parties had been addressed, including landowner consent, permissibility in Zone R3 under Randwick Local Environmental Plan 2012, no contravention of development standards, consideration of contamination, BASIX requirements, ancillary earthworks, SEPP 65 and Apartment Design Guide matters, and public submissions. Because the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that decision.

Jurisdiction
Australia
Judgment Date
24 July 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Randwick City Council's Deemed Refusal of Development Application 277/2018 / Orders Following Conciliation Conference and Agreement Between the Parties 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' 'agreement Between the Parties' 'development Consent Conditions']
['planning and Environment' 'development Consent'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'agreement Between the Parties' 'development Consent Conditions']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Randwick City Council's Deemed Refusal of Development Application 277/2018 / Orders Following Conciliation Conference and Agreement Between the Parties Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision that 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 jurisdictional pre-requisites for granting development consent under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether the appeal should be upheld and development consent granted subject to conditions.']

Ratio Decidendi

The Commissioner was satisfied that the jurisdictional matters identified by the parties had been addressed, including landowner consent, permissibility in Zone R3 under Randwick Local Environmental Plan 2012, no contravention of development standards, consideration of contamination, BASIX requirements, ancillary earthworks, SEPP 65 and Apartment Design Guide matters, and public submissions. Because the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that decision.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents identified in the orders.' "The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed." 'The appeal is upheld.' 'Development Application No....