Haveaux v Randwick City Council [2022] NSWLEC 1059

Land and Environment Court New South Wales

Medium Neutral Citation: Haveaux v Randwick City Council [2022] NSWLEC 1059 Hearing dates: 22 and 23 November 2021 Date of orders: 7 February 2022 Decision date: 07 February 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The Court, under s 39(2) of the Land and Environment Court Act 1979, and exercising the function of Randwick City Council as the relevant consent authority pursuant to cl 55 of the Environmental Planning and Assessment Regulation 2000, agrees to the Applicant amending Development Application DA 220/2021 to reflect the architectural plans which form Exhibit Y in these proceedings. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Application, in the agreed amount of $4,750 within 30 days of the date of these orders. (3) The Applicant's written request pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012, seeking a variation to the development standard for height of building, is upheld. (4) The appeal is upheld. (5) Consent is granted to Development Application No. DA 220/2021 for the demolition of three existing buildings and associated structures, and the construction of a four-storey boarding house development at 19-23 Mulwarree Avenue, Randwick, subject to the conditions contained in Annexure A. (6) The exhibits, other than 2, 3, N and Y, are returned. Catchwords: DEVELOPMENT APPLICATION – boarding house development – essential services – cl 4.6 written request – solar access – amenity – plan of management – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 39 Randwick Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 6.10 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 Sydney Water Act 1994, s 73 Cases Cited: Williamson v Northern Beaches Council [2020] NSWLEC 1110 Amazonia Hotels Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1247 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, (July 2015) Land and Environment Court, COVID-19 Pandemic Arrangements Policy (April 2021) Randwick Comprehensive Development Control Plan 2013 Category: Principal judgment Parties: Melissa Haveaux (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) R White (Respondent)