Perpetual Corporate Trust Limited v Randwick City Council [2021] NSWLEC 1318

Land and Environment Court New South Wales

Medium Neutral Citation: Perpetual Corporate Trust Limited v Randwick City Council [2021] NSWLEC 1318 Hearing dates: Conciliation conference on 2, 3, 5 and 25 March, 6 and 19 April 2021. Date of orders: 7 June 2021 Decision date: 07 June 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the Development Application No DA/311/2020 and rely upon the following amended plans and documents contained at Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as agreed or assessed pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is upheld. (4) The Development Application No. DA/311/2020, as amended, for the demolition of existing structures and construction of a mixed use development comprising a 360 room boarding house and commercial premises and associated parking at 391-397A Anzac Parade and 17 Bunnerong Road, Kingsford is approved subject to conditions contained at Annexure B. Catchwords: DEVELOPMENT APPLICATION – mixed use development – affordable rental housing – community infrastructure contributions – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 4.3, 4.4, 6.2, 6.3, 6.4, 6.8, 6.10, 6.11, 6.17, 6.18, 6.19, 6.20, 6.21 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Texts Cited: Kensington and Kingsford Town Centres Affordable Housing Plan, Randwick City Council Kensington and Kingsford Town Centres Community Infrastructure Contributions Plan, Randwick City Council Randwick Comprehensive Development Control Plan 2013 Category: Principal judgment Parties: Perpetual Corporate Trust Limited (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) J Lazarus SC (Respondent)