Scape Australia Swanston Pty Ltd v Randwick City Council [2021] NSWLEC 1344

Land and Environment Court New South Wales

Medium Neutral Citation: Scape Australia Swanston Pty Ltd v Randwick City Council [2021] NSWLEC 1344 Hearing dates: Conciliation conference on 1 June 2021 Date of orders: 11 June 2021 Decision date: 11 June 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The Orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 717/2018 for lot consolidation, demolition of existing structures, and construction of a 9 storey boarding house containing 152 beds (sleeping a maximum of 176) across 149 rooms (including 1 manager's residence with private open space) over 1 level of basement parking containing 4 car spaces (1 space for service and delivery, 1 car share space, 1 manager/staff space and 1 accessible space), 31 motorcycle spaces and 34 bicycle spaces, with 244sqm of indoor communal space and 118.88sqm outdoor communal space on the ground floor, business identification signage, landscaping and associated works, on the land at 18-26 Ascot Street, Kensington and in the road reserve directly in front of 18-26 Ascot Street, Kensington, is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 2 and Y, are returned. Catchwords: DEVELOPMENT APPLICATION – boarding house – accepted letter of offer for a planning agreement – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 7.4, 8.7 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 2.2, 4.3, 6.2, 6.3, 6.4, 6.10, 6.11, 6.17 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 7, 26, 27, 30 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Category: Principal judgment Parties: Scape Australia Swanston Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) A Seton (Solicitor) (Respondent)