Big Property Group Pty Ltd v Randwick City Council [2021] NSWLEC 1161

Land and Environment Court New South Wales

Medium Neutral Citation: Big Property Group Pty Ltd v Randwick City Council [2021] NSWLEC 1161 Hearing dates: 8 March 2021 Date of orders: 31 March 2021 Decision date: 31 March 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The Orders of the Court are: (1) The applicant is granted leave to amend the application to rely on the amended architectural drawings listed at Condition 1 of the conditions of consent at Annexure A and the amended written request seeking to justify the contravention of the height of buildings development standard. (2) The appeal is upheld. (3) 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. (4) The exhibits, other than A – D, 1 and 3, are returned. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an approved residential flat building – provision of affordable rental housing – exceedance of the height of buildings development standard Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Randwick Local Environmental Plan 2012 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Sydney Local Environmental Plan 2012 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Apartment Design Guide Randwick Development Control Plan 2013 Category: Principal judgment Parties: Big Property Group Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Flanigan (Respondent)