Adabjou v Randwick City Council [2020] NSWLEC 1644

Land and Environment Court New South Wales

Medium Neutral Citation: Adabjou v Randwick City Council [2020] NSWLEC 1644 Hearing dates: Conciliation conference on 16 and 30 November 2020 Date of orders: 16 December 2020 Decision date: 16 December 2020 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon the amended plans listed in Annexure "A" based on the statement of reasons and jurisdictional matters contained in Annexure "B". (2) The appeal in respect of the property known as 30 Beach Street, Coogee, is upheld. (3) Modification Application DA277/2018/A for the alterations and additions to the residential flat building is approved subject to extracted conditions at Annexure "C" and the consolidated set of conditions at Annexure "D". (4) The consolidated set of plans is at Annexure "E". (5) The applicant to pay the respondent's costs thrown away in the sum of $3,300 to be paid within 14 days of the date of these Orders. Catchwords: DEVELOPMENT APPEAL – modification to approved residential flat building – 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 No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Category: Principal judgment Parties: Sasan Adabjou (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)