Carrdev Pty Ltd v Randwick City Council [2022] NSWLEC 1322

Land and Environment Court New South Wales

Medium Neutral Citation: Carrdev Pty Ltd v Randwick City Council [2022] NSWLEC 1322 Hearing dates: Conciliation conference on 23 February 2022, 16 March 2022 and 11 April 2022 Date of orders: 22 June 2022 Decision date: 22 June 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment to the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $5,620.00. (3) Development consent is granted to development application DA/339/2021 for the demolition of existing structures and construction of a 3-storey residential flat building with basement car parking, landscaping and associated works at 201-207 Carrington Road, Coogee, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 7.32 (2)(b), 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Ryde Local Environmental Plan 2012, cll 2.7, 4.1A, 4.4, 4.6, 5.10, 6.1, 6.2, 6.4, 6.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 50(1)(a) State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Category: Principal judgment Parties: Carrdev Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)