Vicar 28 Pty Ltd v Randwick City Council [2022] NSWLEC 1200

Land and Environment Court New South Wales

Medium Neutral Citation: Vicar 28 Pty Ltd v Randwick City Council [2022] NSWLEC 1200 Hearing dates: Conciliation conference on 8 February 2022, 1 March 2022 and 22 March 2022 Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay the costs of the Respondent that are thrown away as a result of the amendment of Development Application DA/620/2020, in the amount of $7,560. (2) The Appeal is upheld. (3) Development Application DA/620/2020 for demolition of existing structures and construction of a 3 storey residential flat building containing 4 apartments, 1 basement level car parking, landscaping, strata subdivision and associated works, pursuant to the Affordable Housing Rental SEPP 2009 at 28 Vicar Street, Coogee 2034 is determined by the grant of consent, subject to the conditions in Annexure 'A' to this Agreement. Catchwords: DEVELOPMENT APPLICATION – affordable housing – 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 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009 Div 1. cll 10, 11, 13, 14, 17 Randwick Local Environmental Plan 2012, cll 4.3, 4.4, 5.10, 6.1, 6.2, 6.4. State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy No. 55-Remediation of Land, cl 7. State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development (2002), cl 28 Texts Cited: Apartment Design Guide, Department of Planning and Environment, July 2015 Category: Principal judgment Parties: Vicar 28 Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: B.M Salon (Solicitor) (Applicant) V.L. McGrath (Solicitor) (Respondent)