Perpetual Corporate Trust Limited v Randwick City Council [2021] NSWLEC 1354

Land and Environment Court New South Wales

Medium Neutral Citation: Perpetual Corporate Trust Limited v Randwick City Council [2021] NSWLEC 1354 Hearing dates: Conciliation conference on 3, 15 and 19 March 2021 Date of orders: 17 June 2021 Decision date: 17 June 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend Development Application No DA/373/2020 and rely upon the following amended plans and documents contained at Annexure 'B'; (2) The Applicant's written request to vary the height of building standard in Clause 6.17, floor space ratio standard in Clause 6.17 and non-residential floor space ratio standard in Clause 6.19 of the Randwick Local Environmental Plan 2012, prepared by Willowtree Planning dated March 2021, is upheld; (3) The Applicant is to pay the Respondent's costs thrown away as agreed or assessed pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979; (4) The appeal is upheld; (5) The development application no DA/373/2020, as amended, for the demolition of existing structures and construction of a mixed use development comprising a 507 room boarding house and commercial premises and associated parking at 111-125 Anzac Parade and 112 Todman Avenue, Kensington, is approved subject to the conditions contained at Annexure 'A'. 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 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 s 34 Randwick Local Environmental Plan 2012 cll 4.3, 4.4, 4.6, 6.2, 6.3, 6.4, 6.8, 6.10, 6.17, 6.19, 6.20, 6.21 State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 29, 30, 30A State Environmental Planning Policy No 55— Remediation of Land cl 7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Mulpha Norwest Pty Ltd v The Hills Shire Council (No 2) [2020] NSWLEC 74 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: Apartment Design Guide 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) N Eastman (Respondent)