Pavilion Developments Pty Ltd v Randwick City Council [2021] NSWLEC 1462

Land and Environment Court New South Wales

Medium Neutral Citation: Pavilion Developments Pty Ltd v Randwick City Council [2021] NSWLEC 1462 Hearing dates: 17-18 June 2021 Date of orders: 13 August 2021 Decision date: 13 August 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to DA/175/2020 seeking development consent for a residential flat building and associated development at 191 Carrington Road, Coogee subject to conditions of consent at Annexure 'A'. (3) Exhibits 1, 2, 4 and 5 are returned. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – building massing – external wall height – gross floor area interpretation – neighbour impacts – communal open space Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 50 Randwick Local Environmental Plan 2012 cll 4.3, 4.4 State Environmental Planning Policy No 55—Remediation of Land cll 7, 30 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 30 Cases Cited: Peter Sleiman Property Investments Pty Ltd v Valuer-General of New South Wales (No 2) [2021] NSWLEC 47 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Apartment Design Guide Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Randwick Development Control Plan 2013 Category: Principal judgment Parties: Pavilion Developments Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) M Astill (Respondent)