Perpetual Corporate Trust Limited v Randwick City Council [2021] NSWLEC 1380

Land and Environment Court New South Wales

Medium Neutral Citation: Perpetual Corporate Trust Limited v Randwick City Council [2021] NSWLEC 1380 Hearing dates: Conciliation conference on 5 March, 1 and 13 April, 5 and 17 May 2021 Date of orders: 29 June 2021 Decision date: 29 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/288/2020 and rely upon the following amended plans and documents contained at Annexure 'B'; (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 Applicant's written request to vary the height of building standard in Clause 6.17 and floor space ratio standard in Clause 6.17 of the Randwick Local Environmental Plan 2012, prepared by Willowtree Planning dated March 2021 is upheld; (4) The appeal is upheld. (5) Development application no. DA/288/2020, as amended, for the construction of a mixed use development comprising a 308 room boarding house and commercial premises and associated parking at 182,186-188 and 190 Anzac Parade and 157 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, 8.15 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, ss 34, 39 Randwick Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 6.2, 6.3, 6.4, 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 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Mulpha Norwest Pty Ltd v The Hills Shire Council (No 2) [2020] NSWLEC 74 Texts Cited: Apartment Design Guide, NSW Department of Planning and Environment 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) J Lazarus SC (Respondent)