Cavolic v Randwick City Council [2022] NSWLEC 1403

Land and Environment Court New South Wales

Medium Neutral Citation: Cavolic v Randwick City Council [2022] NSWLEC 1403 Hearing dates: Conciliation conference on 19, 20 July 2022 Date of orders: 2 August 2022 Decision date: 02 August 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld (2) Development application No 420/2021 (as amended) is approved, thereby giving consent to the demolition of existing improvements including pool and pavements, and the erection of a new 2 storey single dwelling house with basement parking and inground pool at Lot 21 DP 543292 (being 96 Prince Edward Street, Malabar) subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – new dwelling – amended plans – 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 2021, cl 37 Land and Environment Court Act 1979, ss 34, 34AA Randwick Local Environmental Plan 2012, cll 4.3, 4.4, 6.2, 6.4 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Marko Cavlovic (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Chryssochoides (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)