Schaw v Randwick City Council [2021] NSWLEC 1287

Land and Environment Court New South Wales

Medium Neutral Citation: Schaw v Randwick City Council [2021] NSWLEC 1287 Hearing dates: Conciliation conference on 1, 15, 21 April and 6 May 2021 Date of orders: 26 May 2021 Decision date: 26 May 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant be granted leave to rely on the plans described in condition 1 of Annexure 'A' (2) The Applicant's written request pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012 (RLEP) seeking to justify the breach of the maximum building height development standard pursuant to clause 4.3 of RLEP dated April 2021 is upheld. (3) The appeal is upheld. (4) Development Application no DA/621/2019 for the demolition of existing structures, construction of a 3 storey residential flat building consisting of 4 units and one storey basement car parking, landscaping and associated works is approved subject to the conditions contained at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 77 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 2.3, 2.6, 2.7, 4.1C, 4.3, 4.4, 4.6, 6.1, 6.2, 6.3, 6.4, 6.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55— Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Texts Cited: Land and Environment Court of New South Wales COVID-19 Pandemic Arrangements Policy (July 2020) NSW Department of Planning and Environment, Apartment Design Guide 2015 Randwick Comprehensive Development Control Plan 2013 Category: Principal judgment Parties: Raimond Schaw (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)