Built Developments Pty Ltd v Randwick City Council (No 2) [2021] NSWLEC 1351

Land and Environment Court New South Wales

Medium Neutral Citation: Built Developments Pty Ltd v Randwick City Council (No 2) [2021] NSWLEC 1351 Hearing dates: 8 and 9 February 2021 Date of orders: 16 June 2021 Decision date: 16 June 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is upheld. (2) Development application DA/283/2019 seeking consent for the consolidation of the two lots into one lot, demolition of all existing structures, excavation, and construction of a part 2/part 3 level building including basement car parking for 13 cars, warehousing and ancillary office space, with associated works at 84 to 86 Perry Street Matraville is determined by the grant of consent, subject to the conditions of development consent provided at Annexure 'A'. (3) The exhibits are returned, with the exception of Exhibits A, 1 and 2. Catchwords: DEVELOPMENT APPLICATION – proposed warehouse – size and frequency of vehicles to attend warehouse facility – consideration of AS2890.2 concerning off street commercial vehicle facilities Cases Cited: Built Developments Pty Ltd v Randwick City Council [2021] NSWLEC 1234 Category: Principal judgment Parties: Built Developments Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Gallasso (Applicant) M Staunton (Respondent)

Solicitors: Mills Oakley (Applicant) Marsdens Law Group (Respondent) File Number(s): 2019/349152 Publication restriction: No