Built Developments Pty Ltd v Randwick City Council [2021] NSWLEC 1234

Land and Environment Court New South Wales

Medium Neutral Citation: Built Developments Pty Ltd v Randwick City Council [2021] NSWLEC 1234 Hearing dates: 8 and 9 February 2021 Date of orders: 6 May 2021 Decision date: 06 May 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court directs: (1) The Parties are to prepare final agreed conditions of consent, including a settled version of proposed condition 110 reflecting the findings in this judgment, which are to be filed with the Court by no later than Friday 14 May 2021; (2) The matter is listed for mention on Tuesday 18 May 2021 at 4:15pm, by Teams; (3) If Parties comply the Direction above at [(1)], then the listing on Tuesday 18 May 2021 will be vacated and final orders will be made to dispose of the appeal; (4) The Parties are granted liberty to restore on 3 days' notice. Catchwords: DEVELOPMENT APPLICATION – proposed warehouse – size and frequency of vehicles to attend warehouse facility – consideration of AS2890.2 concerning off street commercial vehicle facilities – application of EP&A Act s 4.15(3A) Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15(3A), 4.16, 8.7(1) Environmental Planning and Assessment Regulation 2000, cl 77 Land and Environment Court Act 1979, ss 34, 39 Randwick Local Environmental Plan 2012, cll 2.1, 2.2, 2.3, 4.3, 4.4, 6.3, 6.4, 6.10 Roads Act 1993, s 138 State Environmental Planning Policy No 55—Remediation of Land, cl 7(1) Texts Cited: SAI Global, 2018, Australian Standard 2890.2:2018 Off-street commercial vehicle facilities Land and Environment Court of New South Wales COVID-19 Pandemic Arrangements Policy, 10 December 2020 Randwick Comprehensive Development Control Plan 2013 Roads and Traffic Authority, Guide to Traffic Generating Developments, October 2002 Category: Principal judgment Parties: Built Developments Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Gallasso (Applicant) M Staunton (Respondent)