Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7

Land and Environment Court New South Wales

Medium Neutral Citation: Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Hearing dates: 16 February 2016 Date of orders: 19 February 2016 Decision date: 19 February 2016 Jurisdiction: Class 1 Before: Preston CJ Decision: (1) The appeal is dismissed.

(2) The applicant is to pay the respondent's costs of this appeal. Catchwords: APPEAL – appeal against Commissioner's decision on questions of law – grant of consent to development that contravenes development standards – written request justifying contravention – Commissioner's satisfaction of required matters to justify contravention – whether development consistent with objectives of development standards and zone – whether Commissioner so satisfied – whether adequate reasons given for being so satisfied – whether compliance with development standards was unreasonable or unnecessary – whether Commissioner gave adequate reasons for being so satisfied – non-compliance with control in development control plan – whether principal contested issue requiring resolution and reasons Legislation Cited: Land and Environment Court Act 1979 s 56A Cases Cited: Micaul Holdings Pty Limited v Randwick City Council [2015] NSWLEC 1386 Segal v Waverley Council [2005] NSWCA 310; (2005) 64 NSWLR 177 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: Randwick City Council (Applicant) Micaul Holdings Pty Ltd (Respondent) Representation: Counsel: Mr A M Pickles SC (Applicant) Mr I J Hemmings SC (Respondent)