Gabo v Randwick City Council [2022] NSWLEC 1242

Land and Environment Court New South Wales

Medium Neutral Citation: Gabo v Randwick City Council [2022] NSWLEC 1242 Hearing dates: 20 April 2022 Date of orders: 12 May 2022 Decision date: 12 May 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) the Applicant's written request prepared by aSquare Planning pursuant to cl 4.6 of RLEP to vary the height of buildings development standard in cl 4.3 of RLEP is upheld; (2) the appeal is upheld; (3) Development Application No. 401/2021 for the demolition of the existing structure and construction of two semi-detached dwellings along with Torrens title subdivisions of land and associated landscaping and other works at 417A Maroubra Road, Maroubra, is determined by the grant of consent, subject to the conditions set out in Annexure 'A' to this judgment. (4) the exhibits are returned, except exhibits A, C, 2 and 3. Catchwords: DEVELOPMENT APPLICATION – semi detached dwellings – Torrens title subdivision of land – contentions resolved – consideration of objector submissions – Respondent does not oppose grant of consent – conditions agreed. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7(1) Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, cl 37 Land and Environment Court Act 1979, s 34C Randwick Local Environment Plan 2012, cll 2.3, 4.1, 4.3, 4.4, 4.6, 6.1, 6.2, 6.4, 6.7, 6.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No. 55 - Remediation of Land, cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Texts Cited: Randwick Comprehensive Development Control Plan 2013 Category: Principal judgment Parties: David Isakovich Gabo (Applicant) Randwick City Council (Respondent) Representation: Counsel: S Berveling (Solicitor) (Applicant) M Harker (Respondent)