Big Property Group Pty Ltd v Randwick City Council

Big Property Group Pty Ltd sought relief from the Land and Environment Court of New South Wales, challenging the Randwick City Council’s refusal to approve a development application for alterations and additions to a residential flat building. The applicant argued that the refusal was unjust and sought to appeal the Council’s decision. The legal issues before the Court were whether the applicant had standing to bring the appeal, whether the refusal to approve the development application was unlawful, and whether the appeal should be upheld.

The Court found that the applicant had standing to bring the appeal, as they had a sufficient interest in the matter. The Court further found that the Council’s refusal to approve the development application was unlawful, as it was based on incorrect information and failed to consider relevant factors. The Court held that the appeal should be upheld, and the development application should be approved, subject to certain conditions. The Court granted the applicant leave to amend the application to rely on the amended architectural drawings and the amended written request seeking to justify the contravention of the height of buildings development standard.

The Court ordered that Development Application No. 108/2020 for alterations and additions to an approved residential flat building, including the provision of affordable rental housing units, construction of an additional storey, reconfiguration of the basement, and associated works, at 190-192 Carrington Road, Randwick, is approved, subject to the conditions of consent at Annexure A. The Court also ordered that the exhibits, other than A – D, 1 and 3, are returned.