Najac Holdings Pty Limited v Randwick City Council [2021] NSWLEC 1182

Land and Environment Court New South Wales

Medium Neutral Citation: Najac Holdings Pty Limited v Randwick City Council [2021] NSWLEC 1182 Hearing dates: Conciliation conference on 9 April 2021 Date of orders: 15 April 2021 Decision date: 15 April 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is granted leave to rely upon the amended plans and documents listed in Condition 1 of Annexure "A" hereto; (2) The Applicant pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environment Planning and Assessment Act 1979 as agreed or assessed; (3) The appeal is upheld; (4) Development Consent for Development Application DA/333/2019 for demolition of existing structures and construction of a three storey boarding house with 10 boarding rooms, internal and external communal areas, basement car parking for five cars, landscaping and associated uses at 137 Barker Street, Randwick NSW 2031 is granted 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 (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land Texts Cited: Land and Environment Court, COVID-19 Pandemic Arrangements Policy (July 2020) Randwick Comprehensive Development Control Plan 2013 Category: Principal judgment Parties: Najac Holdings Pty Limited (Applicant) Randwick City Council (Respondent) Representation: Counsel: L Whiting (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)