Zhang v Randwick City Council [2022] NSWLEC 1336

Land and Environment Court New South Wales

Medium Neutral Citation: Zhang v Randwick City Council [2022] NSWLEC 1336 Hearing dates: 17-18 March 2022 Date of orders: 29 June 2022 Decision date: 29 June 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The Court, under s 39(2) of the Land and Environment Court Act 1979, and exercising the function of Randwick City Council as the relevant consent authority pursuant to cl 55 of the Planning and Assessment Regulation 2000, agrees to the Applicant amending Development Application DA/353/2021 to reflect the architectural plans which form Exhibit A in these proceedings. (2) Pursuant to s 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 Application as agreed or assessed. (3) The appeal is dismissed. (4) The exhibits, other than 3, 4, 5, A and D, are returned. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – cl 4.6 written request – floor space ratio – residential amenity – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 39 Randwick Local Environmental Plan 2012, cll 2.3, 4.4, 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, (July 2015) (ADG) Australian Government, National Construction Code, 2019 (NCC) Land and Environment Court, COVID-19 Pandemic Arrangements Policy (February 2022) Randwick Comprehensive Development Control Plan 2013 (RDCP Category: Principal judgment Parties: Mark Zhang (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) R White (Respondent)