Golden Matilda Pty Ltd v Randwick City Council [2021] NSWLEC 1713

Land and Environment Court New South Wales

Medium Neutral Citation: Golden Matilda Pty Ltd v Randwick City Council [2021] NSWLEC 1713 Hearing dates: Conciliation conference on 6 and 24 August, 1 and 17 September 2021, final agreement filed 28 September 2021 Date of orders: 22 November 2021 Decision date: 22 November 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Pursuant to Section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs that were thrown away because of amending the Development Application in the sum of $6,200.00. (2) The appeal is upheld. (3) Consent is granted to Development Application DA/688/2020, as amended, for the demolition of the existing structure and construction of a new 3 storey boarding house in two building blocks, comprising of 15 rooms, one communal room, 3 motorbike parking spaces and 8 bicycle spaces, 3 car parking spaces fronting Day Lane, associated site and landscaping works, at 13 Houston Road, Kensington, subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – boarding house – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 2.3, 2.7, 4.4, 5.10, 5.21, 6.1, 6.2, 6.4, 6.10 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 26, 27, 28, 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: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Randwick Development Control Plan 2013 Category: Principal judgment Parties: Golden Matilda Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)