Marshall v Randwick City Council [2022] NSWLEC 1383

Marshall v Randwick City Council [2022] NSWLEC 1383

The Court upheld the appeal and granted development consent as the written clause 4.6 request sufficiently justified the contravention of the height standard, jurisdictional prerequisites were satisfied, the proposal met objectives of applicable zone and standards, and public interest was served. As per s 34(3) of LEC Act, the decision reflected the parties' agreed orders and conditions.

Parties
Applicant: Shane Stephen Marshall; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
20 July 2022
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld, development consent granted subject to conditions.
Legal Topics
Development Consent, Rooftop Terraces, Height of Buildings, Clause 4.6 Variation, Foreshore Scenic Protection
Planning Law Environmental Law Development Consent Rooftop Terraces Height of Buildings Clause 4.6 Variation Foreshore Scenic Protection

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Parties

Shane Stephen Marshall

Applicant

Randwick City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for rooftop terraces exceeding the height standard under the Randwick Local Environmental Plan 2012
  2. 2 Whether the clause 4.6 written request justifies contravention of the height standard
  3. 3 Whether jurisdictional prerequisites for consent are satisfied

Ratio Decidendi

The Court upheld the appeal and granted development consent as the written clause 4.6 request sufficiently justified the contravention of the height standard, jurisdictional prerequisites were satisfied, the proposal met objectives of applicable zone and standards, and public interest was served. As per s 34(3) of LEC Act, the decision reflected the parties' agreed orders and conditions.

Court Disposition

Appeal upheld, development consent granted subject to conditions.

Orders

  • Leave granted to Applicant to rely on written clause 4.6 of Randwick Local Environmental Plan 2012.
  • Applicant's written request under clause 4.6 of RLEP considered and satisfaction formed under clause 4.6(4) of RLEP.