Williamson v Randwick City Council [2021] NSWLEC 1460

Land and Environment Court New South Wales

Medium Neutral Citation: Williamson v Randwick City Council [2021] NSWLEC 1460 Hearing dates: 3-4 August 2021 Date of orders: 13 August 2021 Decision date: 13 August 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 231/2020 for the demolition of existing structures and the construction of a four storey residential flat building over basement parking and associated landscaping works, is approved, subject to the conditions of consent at Annexure A. (3) The Respondent is to register the development consent granted in relation to DA/231/2020 on the NSW planning portal within 14 days of these orders. (4) The Respondent is to publish a notice of the development consent granted in relation to DA/231/2020 on its website in accordance with clause 124 of the Environmental Planning and Assessment Regulation 2000 (NSW) within 14 days of the date of these orders. (5) The exhibits, other than Exhibits 2, A, B and C, are returned. Catchwords: DEVELOPMENT APPLICATION – demolition of an existing residential flat building and construction of a four storey residential flat building over basement parking – the proposed development will not reduce the availability of affordable housing in the area – exceedance of the external wall height control Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, s 6.7 State Environmental Planning Policy (Affordable Rental Housing) 2009, Pt 3 Texts Cited: NSW Department of Planning, Affordable Rental Housing SEPP Guidelines for Retention of Existing Affordable Rental Housing, (October 2009) Randwick Development Control Plan 2013 Category: Principal judgment Parties: Darren Williamson (First Applicant) Joanna Williamson (Second Applicant) Randwick City Council (Respondent) Representation: Counsel: M Staunton (Applicants) R White (Respondent)