Mitrothanasis v Randwick City Council [2022] NSWLEC 1039

Land and Environment Court New South Wales

Medium Neutral Citation: Mitrothanasis v Randwick City Council [2022] NSWLEC 1039 Hearing dates: Conciliation conference on 15 November, 8 and 21 December 2021 Date of orders: 27 January 2022 Decision date: 27 January 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away in the amount of $4,500 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The Applicant's written request, pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012, to vary the height of buildings development standard contained in clause 4.3 of that plan is upheld. (3) The appeal is upheld. (4) Development consent is granted to Development Application No. DA/637/2020, for the demolition of existing structures and construction of a 4 unit, 3 storey residential flat building containing one studio, one 2 bedroom unit and two 3 bedroom units, basement parking for 4 cars and associated landscaping works (infill affordable housing) on the land described as Lot A DP 346056 known as 23 Bona Vista Avenue, Maroubra, subject to the conditions in Annexure A. Catchwords: APPEAL – development application – residential flat building – proposed development exceeds height development standard – clause 4.6 request – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.10, 8.15 Environmental Planning and Assessment Regulation 2000, cll 50 and 55 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 2.3, 2.7, 4, 4.3, 4.4, 4.6, 6.1, 6.2, 6.4, 6.7, 6.10 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 10, 16A, 14 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018, cl 14 State Environmental Planning Policy (Housing) 2021, cl 2 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 Category: Principal judgment Parties: Theodore Mitrothanasis (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)