Contill Holdings Pty Ltd ATF Revay Discretionary Trust v Randwick City Council [2021] NSWLEC 1543

Land and Environment Court New South Wales

Medium Neutral Citation: Contill Holdings Pty Ltd ATF Revay Discretionary Trust v Randwick City Council [2021] NSWLEC 1543 Hearing dates: 15-16 September 2021 Date of orders: 01 October 2021 Decision date: 01 October 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: See orders at [67] below. Catchwords: DEVELOPMENT APPLICATION – boarding house – whether motorbike parking in the basement should be counted towards the calculation of the gross floor area – whether the design of the proposed development is compatible with the character of the local area Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.15 Environmental Planning and Assessment Regulation 2000, cl 55(1) Randwick Local Environmental Plan 2012, cll 1.2, 2.2, 4.3, 4.4, 4.5, 4.6 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 8, 26, 27, 29, 30, 30A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Cases Cited: Parker Logan Property Pty Ltd v Bayside Council [2017] NSWLEC 1709 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: NSW Department of Planning and Environment, Managing Land Contamination: Planning Guidelines – SEPP 55 – Remediation of Land (1998) Randwick Comprehensive Development Control Plan 2013 Category: Principal judgment Parties: Contill Holdings Pty Ltd ATF Revay Discretionary Trust (First Applicant) Deer Valley Pty Ltd ATF Deer Valley Trust (Second Applicant) Randwick City Council (Respondent) Representation: Counsel: J Reid (Applicants) M Astill (Respondent)