3141 APK Pty Ltd v Randwick City Council [2022] NSWLEC 1156

Land and Environment Court New South Wales

Medium Neutral Citation: 3141 APK Pty Ltd v Randwick City Council [2022] NSWLEC 1156 Hearing dates: Conciliation conference on 17 March 2022 Date of orders: 29 March 2022 Decision date: 29 March 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Applicant's written request, pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012, to vary the alternative height of buildings development standard contained in clause 6.17(4) of that plan is upheld. (2) The appeal is upheld. (3) Development Application No. DA/672/2019 for the demolition of existing structures and construction of shop-top Housing at 31-41 Anzac Parade, Kensington consisting of nine (9) storeys 57 apartments, two (2) retail premises, two (2) basement levels is determined by grant of consent, subject to the conditions in Annexure B. (4) The Applicant is to pay the Respondent's costs thrown away in the agreed amount of $20,000 pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 to be paid within 21 days of final orders being made by the Court in these proceedings. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 29, 74 Environmental Planning and Assessment Regulation 2021, cl 37 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 2.3, 2.7,4.3, 4.4, 4.6, 5.21, 6.2, 6.4, 6.10, 6.11, 6.17, 6.20 Roads Act 1993, s 138