Attena Group Pty Ltd v Randwick City Council [2020] NSWLEC 1501

Land and Environment Court New South Wales

Medium Neutral Citation: Attena Group Pty Ltd v Randwick City Council [2020] NSWLEC 1501 Hearing dates: Conciliation conference on 16 October 2020 Date of orders: 20 October 2020 Decision date: 20 October 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The final orders to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 are: (1) Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1 at Annexure A. (2) The appeal in respect of the property known as 285 Malabar Road, Maroubra NSW 2035 is upheld. (3) Development Application DA/292/2019 for the demolition of existing structures and construction of a dual occupancy development with pool, landscaping and associated works at 285 Malabar Road, Maroubra NSW 2035 is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – Attached dual occupancy development – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Randwick Local Environmental Plan 2012 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018 Category: Principal judgment Parties: Attena Group Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)