BMA Urban Planning Consultants Pty Ltd v Randwick City Council [2022] NSWLEC 1388

Land and Environment Court New South Wales

Medium Neutral Citation: BMA Urban Planning Consultants Pty Ltd v Randwick City Council [2022] NSWLEC 1388 Hearing dates: Conciliation conference 13 July 2022 Date of orders: 22 July 2022 Decision date: 22 July 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away by the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $6,760.00. (2) The appeal is upheld. (3) Development Application DA/533/2021 for the demolition of existing structures and construction of a part 3 and part 4 storey residential flat building in 2 built forms comprising nine apartments, basement parking, landscaping and associated works at 5 Severn Street, Maroubra is determined by the granting of consent, subject to the conditions in Annexure "A" to these orders. Catchwords: DEVELOPMENT APPLICATION: demolition and construction of a new residential flat building – amended plans – planning and urban design experts agree contentions are resolved - agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 50, 55 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 2.7, 6.1, 6.2, 6.4, 6.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65 (Design Quality of Residential Apartment Development), cl 28 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Texts Cited: Department of Planning and Environment, Apartment Design Guide (July 2015) Category: Principal judgment Parties: BMA Urban Planning Consultants Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) T Poisel (Applicant) V McGrath (Solicitor) (Respondent)