Barakate v Randwick City Council [2024] NSWLEC 1276

Barakate v Randwick City Council [2024] NSWLEC 1276

Because the amended development application was accompanied by a cl 4.6 request demonstrating that compliance with the height of buildings standard was unreasonable or unnecessary and that sufficient environmental planning grounds justified the minor contravention, and because the other identified jurisdictional prerequisites were satisfied or addressed by agreed conditions, the parties' agreed decision to uphold the appeal and grant development consent was one the Court could have made in the proper exercise of its functions; s 34(3) therefore required the Court to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
28 May 2024
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 417/2023 / Orders Following Conciliation Conference Under S 34 Aa(2) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Applicant's cl 4.6 written request upheld; appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Appeal' 'development Consent' 'residential Development' 'height of Buildings Development Standard' 'clause 4.6 Variation Request' 'conciliation Conference' 'agreed Orders']
['planning and Environment Law'] ['development Appeal' 'development Consent' 'residential Development' 'height of Buildings Development Standard' 'clause 4.6 Variation Request' 'conciliation Conference' 'agreed Orders']

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 Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 417/2023 / Orders Following Conciliation Conference Under S 34 Aa(2) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 written request under cl 4.6 of the Randwick Local Environmental Plan 2012 justified variation of the height of buildings development standard in cl 4.3.' 'Whether jurisdictional prerequisites for granting development consent were satisfied, including notification, permissibility, heritage, earthworks, stormwater management, essential services, contamination and BASIX requirements.']

Ratio Decidendi

Because the amended development application was accompanied by a cl 4.6 request demonstrating that compliance with the height of buildings standard was unreasonable or unnecessary and that sufficient environmental planning grounds justified the minor contravention, and because the other identified jurisdictional prerequisites were satisfied or addressed by agreed conditions, the parties' agreed decision to uphold the appeal and grant development consent was one the Court could have made in the proper exercise of its functions; s 34(3) therefore required the Court to dispose of the proceedings in accordance with that decision.

Court Disposition

Applicant's cl 4.6 written request upheld; appeal upheld; development consent granted subject to conditions.

Orders

  • ["The Applicant's written request, pursuant to cl 4.6 of the Randwick Local Environmental Plan 2012 (RLEP), seeking to vary the development standard for height of buildings as set out at cl 4.3 of the RLEP, is upheld." 'The appeal is upheld.' 'Development Application DA/417/2023, as amended, for the demolition of...