Plumb v Randwick City Council [2021] NSWLEC 1721

Land and Environment Court New South Wales

Medium Neutral Citation: Plumb v Randwick City Council [2021] NSWLEC 1721 Hearing dates: Conciliation Conference 4 and 5 November 2021 Date of orders: 24 November 2021 Decision date: 24 November 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) the appeal is upheld; (2) Development Consent DA/154/2020/A is modified in the terms in Annexure A; (3) Development Consent DA/154/2020/A as modified by the Court is Annexure B. Catchwords: DEVELOPMENT APPEAL – conciliation – modification of development consent – residential flat building – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.56, 8.7 Environmental Planning and Assessment Regulation 2000, cl 115, 121B Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 4.3, 4.4, 5.10, 6.1, 6.2, 6.4, 6.7, 6.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development State Environmental Planning Policy No 55 – Remediation of Land Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Plumb v Randwick City Council [2021] NSWLEC 1067 Scrap Realty Pty Ltd v Botany Bay City Council (2008) 166 LGERA 342; [2008] NSWLEC 333 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Texts Cited: Randwick Comprehensive Development Control Plan 2013 Category: Principal judgment Parties: Stuart Plumb (Applicant) Randwick City Council (Respondent) Representation: Counsel: J Reid (Applicant) M Harker (Respondent)