NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Cedar Pacific 1 Pty Ltd as trustee for the Cedar Pacific Kensington Trust v Randwick City Council [2021] NSWLEC 1744 Hearing dates: Conciliation conference on 18 August, 9 September, 1 and 29 October 2021 Date of orders: 3 December 2021 Decision date: 03 December 2021 Jurisdiction: Class 1 Before: Horton C Decision: See orders at [64] Catchwords: DEVELOPMENT APPLICATION – mixed use development – affordable rental housing – community infrastructure contributions – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 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, ss 4.3, 4.6, 5.10, 5.21, 6.2, 6.4, 6.8, 6.10, 6.11, 6.17, 6.18, 6.20 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 State Environmental Planning Policy No 64 – Advertising and Signage State Environmental Planning Policy (State and Regional Development) 2011, cl 20, sch 7 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Texts Cited: Randwick Comprehensive Development Control Plan 2013 Category: Principal judgment Parties: Cedar Pacific 1 Pty Ltd as trustee for the Cedar Pacific Kensington Trust (Applicant) Randwick City Council (Respondent) Representation: Counsel: F Rourke (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)
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