Viewland Investment Pty Ltd v Randwick City Council [2021] NSWLEC 1322

Land and Environment Court New South Wales

Medium Neutral Citation: Viewland Investment Pty Ltd v Randwick City Council [2021] NSWLEC 1322 Hearing dates: 22 April 2021 Date of orders: 8 June 2021 Decision date: 08 June 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to rely upon the amended plans and documentation referred to in condition 1 of annexure 'A'. (2) The Applicant is to pay to the Respondent's costs as thrown away pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) Appeal upheld. (4) Development Application DA/362/2020 for demolition of existing dwelling and construction of a residential flat building comprising 8 apartments, basement car parking, landscaping and associated works at 74 St Marks Road Randwick is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – Residential flat building – amended plans – orders by consent of the parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, regs 49, 50(1AB), 143A Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 5.10, 6.2, 6.4 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, cl 28 Category: Principal judgment Parties: Viewland Investment Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)