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 Judgment 1. COMMISSIONER: In a judgment given on 6 May 2021, Built Developments Pty Ltd v Randwick City Council [2021] NSWLEC 1234, I handed down my decision on the appeal by Built Developments Pty Ltd against the deemed refusal by the Randwick City Council of its development application DA/283/2019. 2. That application sought 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, warehousing and ancillary office space, with associated works at 84 to 86 Perry Street, Matraville. 3. At [46] in my judgment of 6 May 2021, the Parties were directed to agree, and file with the Court, by no later than Friday 14 May 2021, settled conditions of consent, reflecting the conclusions in the Court's judgment in this matter. 4. The Parties have now agreed settled conditions of consent reflecting the conclusions in the Court's judgment. 5. As the Parties' agreed conditions of consent have now been filed, the Court is able to make final orders. Orders 1. 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. M Chilcott Commissioner of the Court Annexure A (414925, pdf) ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 09 July 2021