Barua No. 4 Pty Ltd v Randwick City Council [2021] NSWLEC 1156

Land and Environment Court New South Wales

Medium Neutral Citation: Barua No. 4 Pty Ltd v Randwick City Council [2021] NSWLEC 1156 Hearing dates: 22 March 2021 Date of orders: 30 March 2021 Decision date: 30 March 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application and rely upon amended plans marked Exhibit A, subject to the Applicant paying the Respondent's costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $2,000. (2) The Applicant's written request prepared in accordance with cl 4.6 of the Randwick Local Environmental Plan 2012 is upheld. (3) The appeal is upheld. (4) Development consent is granted to Development Application DA/676/2019 seeking consent for demolition of existing structures, construction of part-three and part-four storey residential flat building with 7 dwellings (6 x 3 bedrooms and 1 x 2 bedrooms) and 18 carparking spaces over two basement levels at 31 and 33 Melrose Parade, Clovelly, subject to conditions of consent at Annexure 'A'. (5) All exhibits are returned, except for exhibits A, B, H and K. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development – view loss – Foreshore Scenic Protection Area Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Randwick Local Environmental Plan 2012 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Tenacity Consulting v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Apartment Design Guide Practice Note - Class 1 Development Appeals Category: Principal judgment Parties: Barua No. 4 Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) K Gerathy (Solicitor) (Respondent)