Cuda v Randwick City Council [2023] NSWLEC 1200

Cuda v Randwick City Council [2023] NSWLEC 1200

Because the owner had given consent, the amended application was agreed by the consent authority, and the relevant statutory and planning controls concerning coastal management, contamination, BASIX, zoning, development standards, heritage, earthworks, stormwater and foreshore scenic protection were satisfied or addressed by conditions, the parties' agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
28 April 2023
Procedural Posture
Class 1 Proceedings Arising From the Actual Refusal of Development Application No. Da/197/2022 / Orders Following Agreement Reached at a Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'amended Development Application' 'jurisdictional Prerequisites for Development Consent' 'coastal Zone Assessment' 'basix' 'heritage Conservation' 'earthworks' 'stormwater Management' 'foreshore Scenic Protection']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['development Application Appeal' 'conciliation Conference' 'amended Development Application' 'jurisdictional Prerequisites for Development Consent' 'coastal Zone Assessment' 'basix' 'heritage Conservation' 'earthworks' 'stormwater Management' 'foreshore Scenic Protection']

Case Brief

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Procedural Posture

Class 1 Proceedings Arising From the Actual Refusal of Development Application No. Da/197/2022 / Orders Following Agreement Reached at a Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether leave should be granted to rely on the amended application for demolition and works to an existing dwelling to allow for additional storeys and a swimming pool to the rear of the dwelling at 27 Endeavour Avenue, La Perouse.' "Whether the parties' agreed decision to uphold the appeal and grant development consent subject to conditions 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 jurisdictional prerequisites for granting development consent were satisfied.']

Ratio Decidendi

Because the owner had given consent, the amended application was agreed by the consent authority, and the relevant statutory and planning controls concerning coastal management, contamination, BASIX, zoning, development standards, heritage, earthworks, stormwater and foreshore scenic protection were satisfied or addressed by conditions, the parties' agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that decision.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the Applicant to rely on the Amended Application for demolition and works to an existing dwelling to allow for additional storeys and a swimming pool to the rear of the dwelling at 27 Endeavour Avenue, La Perouse, in accordance with the documents listed in Annexure B.' 'The appeal is upheld.'...