Kiang v Randwick City Council [2022] NSWLEC 1282

Land and Environment Court New South Wales

Medium Neutral Citation: Kiang v Randwick City Council [2022] NSWLEC 1282 Hearing dates: Conciliation conference held on 31 March 2022, 26 April 2022 and 13 May 2022, final agreement filed 20 May 2022 Date of orders: 2 June 2022 Decision date: 02 June 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA/617/2021 and rely on the amended plans and documents listed at condition 1 of Annexure A. (2) Pursuant to section 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 Development Application in the agreed sum of $6,800. (3) The Applicant's written request, pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012 (RLEP), seeking to vary the development standard for height of buildings as set out at clause 4.3 of the RLEP, is upheld. (4) The appeal is upheld. (5) Consent is granted to Development Application DA/617/2021 (as amended) for the demolition of existing structures and construction of a part three-, part four-storey residential flat building, containing six apartments (including three affordable housing units), basement parking, landscaping and associated works at 33-35 Church Street, Randwick, NSW 2031, subject to the conditions of consent contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential flat building development – cl 4.6 written request – height of buildings – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, cl 29 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 4.3, 4.6, 5.21, 6.1, 6.2, 6.4, 6.10 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 10, 13, 14 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2021) Category: Principal judgment Parties: Siew Leng Kiang (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)