Randwick Council v Fusion Developments Pty Ltd [2023] NSWLEC 19

Land and Environment Court New South Wales

Medium Neutral Citation: Randwick Council v Fusion Developments Pty Ltd [2023] NSWLEC 19 Hearing dates: 16 December 2022 Date of orders: 17 March 2023 Decision date: 17 March 2023 Jurisdiction: Class 1 Before: Moore J Decision: See orders at [131] Catchwords: APPEAL - appeal against Commissioner's decision in Class 1 proceedings - local environmental plan requires development on site to exhibit design excellence - the plan sets criteria for assessment of design excellence - plan also makes provision requiring a "competitive design process" - the plan also permits dispensation to be given from requirement for a "competitive design process" - Commissioner concludes proposed development demonstrates design excellence - Commissioner exercises discretion to dispense with "competitive design process" ‑ consideration of whether Commissioner's exercise of discretion miscarried - no error in Commissioner's exercise of discretion to dispense with "competitive design process" - appeal dismissed - Applicant ordered to pay Respondent's costs of the appeal Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979, s 56A Land and Environment Court Rules 2007, r 3.7 Randwick Local Environmental Plan 2012, cl 6.21 Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Bellenger v Randwick City Council [2017] NSWLEC 1 Brimbella Pty Ltd v Mosman Municipal Council (1985) 79 LGERA 367 Fusion Development Pty Ltd v Randwick City Council [2022] NSWLEC 1255 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Planning Commission (WA) v Temwood Holdings Pty Ltd (2004) 221 CLR 30; [2004] HCA 63 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Ross v Lane [2022] NSWCA 235 Taylor v The Owners of Strata Plan 11564 and Others (2014) 253 CLR 531; [2014] HCA 9 Category: Principal judgment Parties: Randwick City Council (Applicant) Fusion Developments Pty Ltd (Respondent) Representation: Counsel: Mr J Lazarus SC (Applicant) Mr T To, barrister (First Respondent)