Troon Property Holdings Pty Ltd v Randwick City Council (No 2) [2025] NSWLEC 1103

Troon Property Holdings Pty Ltd v Randwick City Council (No 2) [2025] NSWLEC 1103

The Court found that, notwithstanding the breach of the building height standard for proposed golf safety netting, the applicant justified the contravention under cl 4.6 of the Randwick Local Environmental Plan 2012. Compliance was found unnecessary as the development achieved the standard's objectives, sufficient environmental planning grounds existed, and the proposal aligned with R3 zone objectives. Therefore, consent was granted subject to conditions.

Parties
Applicant: Troon Property Holdings Pty Ltd; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
25 February 2025
Procedural Posture
Class 1 Appeal / Final Judgment and Orders
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Multi Unit Housing, Building Height Standard, Exception for Development Standards
Planning and Environment Development Application Multi Unit Housing Building Height Standard Exception for Development Standards

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Troon Property Holdings Pty Ltd

Applicant

Randwick City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment and Orders

Legal Issues

  1. 1 Whether consent should be granted for a townhouse complex given a breach of the building height standard under Randwick Local Environmental Plan 2012
  2. 2 Whether the Court should grant an exception under cl 4.6 of RLEP for golf safety netting exceeding the 9.5m height limit

Ratio Decidendi

The Court found that, notwithstanding the breach of the building height standard for proposed golf safety netting, the applicant justified the contravention under cl 4.6 of the Randwick Local Environmental Plan 2012. Compliance was found unnecessary as the development achieved the standard's objectives, sufficient environmental planning grounds existed, and the proposal aligned with R3 zone objectives. Therefore, consent was granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • DA/231/2023 for construction of sixteen two storey dwellings and associated works is granted consent, subject to the conditions at Annexure A.