Perpetual Trustee Company Limited v Randwick City Council [2021] NSWLEC 1355

Land and Environment Court New South Wales

Medium Neutral Citation: Perpetual Trustee Company Limited v Randwick City Council [2021] NSWLEC 1355 Hearing dates: Conciliation conference on 18 and 31 March, 13 April 2021, 3 and 17 May 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/414/2020 and rely upon the following amended plans and documents contained at Annexure 'A'. (2) 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. (3) The appeal is upheld. (4) The development application no. DA/414/2020, as amended, for the demolition of existing structures and construction of a mixed use development comprising basement, ground and first floor commercial/retail use and a 175 room boarding house above, pedestrian through link, parking and landscaping at 172 to 180 Anzac Parade and 116R Todman Avenue, Kensington, is approved subject to the conditions contained at Annexure 'B'. 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, 8.15 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 4.3, 4.4, 5.10, 6.2, 6.3, 6.4, 6.8, 6.10, 6.11, 6.17, 6.18, 6.19, 6.20, 6.21 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Texts Cited: Kensington and Kingsford Development Control Plan 2020 Kensington and Kingsford Town Centres Affordable Housing Plan Kensington and Kingsford Town Centres Community Infrastructure Contributions Plan Randwick Comprehensive Development Control Plan 2012 Category: Principal judgment Parties: Perpetual Trustee Company Limited (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) J Lazarus SC (Respondent)