HDH Investments Pty Ltd v Randwick City Council [2021] NSWLEC 1761

Land and Environment Court New South Wales

Medium Neutral Citation: HDH Investments Pty Ltd v Randwick City Council [2021] NSWLEC 1761 Hearing dates: Conciliation conference on 6 December 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: 1) The request pursuant to clause 4.6 of the Randwick Local Environmental Plan 2000 ('RLEP') in relation to the non-compliance with the height of buildings development standard at clause 4.3 of the RLEP prepared by ABC Planning Pty Ltd dated October 2021 is upheld; 2) The appeal is upheld; and 3) Development application number DA/62/2020, for demolition of the existing structures, removal of trees, construction of a new three storey residential flat building containing nine units over a basement parking level, landscaping and associated works at 82 Yorktown Parade, Maroubra, is approved subject to the conditions in Annexure 'A' Catchwords: APPEAL – development application – residential flat building with affordable housing dedication – breach of height development standard – conciliation conference – agreement reached Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl, 50, Sch 1 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 4.3, 4.6 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 10, 13, 14, 16A State Environmental Planning Policy (Housing) 2021, Sch 7 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 30 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: HDH Investments Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: J Reid (Applicant) J Corradini-Bird (Solicitor) (Respondent)