MKD Architects Pty Ltd v Randwick City Council [2022] NSWLEC 1112

Land and Environment Court New South Wales

Medium Neutral Citation: MKD Architects Pty Ltd v Randwick City Council [2022] NSWLEC 1112 Hearing dates: 1-2 February 2022 Date of orders: 08 March 2022 Decision date: 08 March 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The written request pursuant to clause 4.6 of Randwick Local Environmental Plan 2013 seeking to vary the development standard for height of buildings contained in clause 4.3 thereof, as prepared by BMA Urban, is upheld. (2) The appeal is upheld. (3) Development consent is granted to DA/523/2020 seeking development consent for demolition of existing structures and construction of a four storey residential flat building with basement car parking, landscaping and associated works at 5 Baden Street Coogee, subject to conditions of consent at Annexure 'A'. (4) Exhibits are returned with the exception of Exhibits 2, A, C and E. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – building envelope – building height contravention – external wall height – side boundary setback – visual impact – foreshore scenic protection area – excavation implications – mobility parking space impact and response Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cll 50, 98E Randwick Local Environmental Plan 2012 cll 4.1, 4.3, 4.4, 4.6, 6.7 State Environmental Planning Policy No 55—Remediation of Land cll 7, 30 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 30, 6A Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA [2018] NSWLEC 118. Stockland development Pty Ltd v Manly Council (2004) 136 LGERA 254; [2004] NSWLEC 472 Tomasic v Port Stephens Council [2021] NSWLEC 56 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: Apartment Design Guide Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (December 2021) Randwick Development Control Plan 2013 Category: Principal judgment Parties: MKD Architects Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) M Astill (Respondent)