Cracknell & Lonergan Architects Pty Ltd v Randwick City Council [2022] NSWLEC 1394

Land and Environment Court New South Wales

Medium Neutral Citation: Cracknell & Lonergan Architects Pty Ltd v Randwick City Council [2022] NSWLEC 1394 Hearing dates: Conciliation conference held on 3 June 2022 Date of orders: 26 July 2022 Decision date: 26 July 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: 1) The appeal is upheld. 2) The written request made pursuant to cl 4.6 of the Randwick Local Environmental Plan 2012 to justify the contravention of the height development standard in cl 4.3, as prepared by Cracknell & Lonergan Architects Pty Limited and dated 15 June 2022, is upheld. 3) Development application DA/547/2021, as amended, for the demolition of existing structures and construction of a three-storey boarding house comprising 15 boarding rooms, communal area, parking for motor vehicles and bicycles, with landscaping and associated works at Lot 1 in DP 100089, also known as 7-7A Houston Road, Kensington, is determined by the grant of consent, subject to the conditions of consent at Annexure 'A'. 4) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the development application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $5,000. Catchwords: DEVELOPMENT APPLICATION – boarding house – non-compliant height development standard – cl 4.6 written request to vary development standard - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 2.3, 4.3, 4.6 State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 30A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: Cracknell & Lonergan Architects Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: C Campbell (Solicitor)(Applicant) V McGrath (Solicitor)(Respondent)