Skyworks NSW Pty Ltd v Randwick City Council [2012] NSWLEC 1269

Skyworks NSW Pty Ltd v Randwick City Council [2012] NSWLEC 1269

The proposed changes to the development, including increases to height and floor space ratio and reductions in setback and landscape area, do not result in material unacceptable impacts on environmental amenity, streetscape, or adjoining properties, and the modification aligns with the planning framework, including the imminent Draft LEP.

Parties
Applicant: Skyworks NSW Pty Ltd; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
28 September 2012
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld; development consent modified.
Legal Topics
Modification of Development Consent, Impacts of Changes to Height, Floor Space Ratio, Setback and Landscape Area
Planning and Environment Law Modification of Development Consent Impacts of Changes to Height, Floor Space Ratio, Setback and Landscape Area

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Parties

Skyworks NSW Pty Ltd

Applicant

Randwick City Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed modification satisfies Section 96(2) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the impacts of changes to height, floor space ratio, setback and landscape area are acceptable

Ratio Decidendi

The proposed changes to the development, including increases to height and floor space ratio and reductions in setback and landscape area, do not result in material unacceptable impacts on environmental amenity, streetscape, or adjoining properties, and the modification aligns with the planning framework, including the imminent Draft LEP.

Court Disposition

Appeal upheld; development consent modified.

Orders

  • The appeal is upheld.
  • The development consent granted by the Respondent on 9 March 2010 to DA/676/2009 for demolition and construction of a multi unit housing building is modified pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 as set out in Annexure A.