Alison Road Pty Ltd ATF Alison Road Trust v Randwick City Council [2020] NSWLEC 1327

Land and Environment Court New South Wales

Medium Neutral Citation: Alison Road Pty Ltd ATF Alison Road Trust v Randwick City Council [2020] NSWLEC 1327 Hearing dates: Conciliation conference on 17 July 2020 Date of orders: 28 July 2020 Decision date: 28 July 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended plans and documents set out in Annexure A. (2) The Applicant is to pay the Respondent's costs "thrown away" as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $7,000.00 within 21 days of the Court's orders. (3) The appeal is upheld. (4) Development Application No. DA/265/2018 for the demolition of an existing dwelling and construction of a part 3, part 4 storey boarding house containing 16 boarding rooms (8 single and 8 double, and including 1 manager's room), communal living room and outdoor terrace, waste and laundry facilities, 4 bicycle parking spaces, and at-grade parking for 4 cars (including 1 accessible space and 1 car share space) and 3 motorcycles on the land at 117 Alison Road, Randwick is approved subject to the conditions of consent annexed hereto and marked A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Randwick Local Environmental Plan 2012 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 55—Remediation of Land Category: Principal judgment Parties: Alison Road Pty Ltd ATF Alison Road Trust (Applicant) Randwick City Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)