Marshall v Randwick City Council [2022] NSWLEC 1383

Land and Environment Court New South Wales

Medium Neutral Citation: Marshall v Randwick City Council [2022] NSWLEC 1383 Hearing dates: Conciliation conference on 14 June 2022 Date of orders: 20 July 2022 Decision date: 20 July 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely on the written clause 4.6 of the Randwick Local Environmental Plan 2012. (2) The Applicant's written request pursuant to clause 4.6 of RLEP seeking to justify contravention of the height of buildings standard under clause 4.3 of the Randwick Local Environmental Plan 2012 has been considered and the necessary opinion of satisfaction formed under clause 4.6(4) of RLEP. (3) The appeal is upheld. (4) Development Consent is granted to DA/118/2021 for the use of the existing roof area to provide two roof terraces over an existing residential unit, construction of balustrades and associated works at 303 Malabar Road, Maroubra, subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – Rooftop terrace – residential flat building – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.66, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 4.3, 4.6, 6.7 Category: Principal judgment Parties: Shane Stephen Marshall (Applicant) Randwick City Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)