Collard Maxwell Architects Pty Ltd v Randwick City Council [2021] NSWLEC 1807

Land and Environment Court New South Wales

Medium Neutral Citation: Collard Maxwell Architects Pty Ltd v Randwick City Council [2021] NSWLEC 1807 Hearing dates: Conciliation conference on 15 October, 9, 23 November, 10 and 20 December 2021, final agreement filed 21 December 2021 Date of orders: 30 December 2021 Decision date: 30 December 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: 1) Leave is granted to the Applicant to amend Development Application DA/352/2019 and rely on the amended plans and documents listed at condition 1 of Annexure A. 2) Pursuant to Section 8.15(3) of the EPA Act, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the amount of $12,000 within 28 days of these orders. 3) The appeal is upheld. 4) The Applicant's written request made pursuant to cl 4.6 of Randwick Local Environmental Plan 2012 (RLEP) seeking to vary the development standard set out at cl 4.3 - Height of buildings - of the RLEP, prepared by Planning Ingenuity and dated 17 December 2021 is upheld. 5) Consent is granted to Development Application DA/352/2019, as amended, for the demolition of existing structures and the construction of a mixed use building comprising a ground floor health services facility with waiting room and reception areas, 3 consulting rooms, tea and store rooms, 12 residential apartments across four upper levels, and 8 car parking spaces, at 10 Blenheim Street, Randwick, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – mixed-use – residential apartment development – cl 4.6 written request – agreement between the parties – orders Legislation Cited: Randwick Local Environmental Plan 2012, cll 2.7, 4.3, 4.6, 5.10, 5.21, 6.1, 6.2, 6.4, 6.10 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 50 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Infrastructure) 2007, cl 57 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 28 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Randwick Development Control Plan 2013 Apartment Design Guide Category: Principal judgment Parties: Collard Maxwell Architects Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)