2M4 Pty Ltd v Randwick City Council [2022] NSWLEC 1307

Land and Environment Court New South Wales

Medium Neutral Citation: 2M4 Pty Ltd v Randwick City Council [2022] NSWLEC 1307 Hearing dates: Conciliation conference on 16 May 2022 Date of orders: 15 June 2022 Decision date: 15 June 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant is to pay the Respondent's costs thrown away in the amount of $7,400.00 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) Development Application DA/661/2020, as amended, for the alterations and additions to an existing residential flat building, including demolition of existing garage, outbuilding and some internal walls, upgrades to existing building, internal reconfiguration of units and addition of balconies and patios, construction of a new second floor comprising an additional five units in total, units 1, 2 and 4 to be allocated as affordable housing), construction of a single car garage (to be provided as a car share facility), and landscaping at 52 Mount Street, Coogee is determined by the granting of consent, subject to the conditions in Annexure A to these orders. Catchwords: DEVELOPMENT APPLICATION – infill seniors housing development – amended plans – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 7.32, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 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 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 10, 13, 17, 47, 50, 51, Pt 3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 28, Sch 1 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide Category: Principal judgment Parties: 2M4 Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Solicitors: Mills Oakley (Applicant) File Number(s): Randwick City Council (Respondent)