18 Dolphin Street Pty Ltd v Randwick City Council [2021] NSWLEC 1294

Land and Environment Court New South Wales

Medium Neutral Citation: 18 Dolphin Street Pty Ltd v Randwick City Council [2021] NSWLEC 1294 Hearing dates: Conciliation conference on 27 April 2021 and 12 May 2021 Date of orders: 27 May 2021 Decision date: 27 May 2021 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court Orders: (1) The applicant be granted leave to rely on the plans described in condition 1 of annexure 'A'. (2) The appeal is upheld. (3) Development Application no. DA/371/2019/A for the modification of the approved development including reconfigured basement to accommodate car stackers, increased floor area at Level 2 towards the east, general layout changes and changes to façade is approved subject to the conditions contained at Annexure 'A'. Catchwords: MODIFICATION APPLICATION – multi dwelling housing – car stackers – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 4.55, 8.11 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.3, 6.8, 6.9 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Texts Cited: COVID-19 Pandemic Arrangements Policy, Land and Environment Court (April 2021) Randwick Development Control Plan 2013 Category: Principal judgment Parties: 18 Dolphin Street Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)