Charalambous v Randwick City Council [2022] NSWLEC 1515

Land and Environment Court New South Wales

Medium Neutral Citation: Charalambous v Randwick City Council [2022] NSWLEC 1515 Hearing dates: Conciliation conference held on 31 May 2022, 20 June 2022, 8 July 2022, 4 August 2022 and 16 August 2022, final agreement filed on 19 August 2022 Date of orders: 21 September 2022 Decision date: 21 September 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA/781/2021 and rely on the amended plans and documents listed at condition 1 of Annexure A. (2) Pursuant to section 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 Development Application in the agreed sum of $6,127.50. (3) The Applicant's written request, pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012 (RLEP), seeking to vary the development standard for height of buildings as set out at clause 4.3 of the RLEP, is upheld. (4) The Applicant's written request, pursuant to clause 4.6 of the RLEP, seeking to vary the development standard for minimum landscaped area as set out at s 18 of the State Environmental Planning Policy (Housing) 2021, is upheld. (5) The appeal is upheld. (6) Consent is granted to Development Application DA/781/2021 (as amended) for the demolition of existing structures and construction of a 4-storey residential flat building comprising 6 units (2 affordable), basement car parking for 8 vehicles, landscaping, and associated works at 29 Byron Street, Coogee, subject to the conditions of consent contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential flat building development – cl 4.6 written request – height of buildings – minimum landscaped area – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, cl 29 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 4.3, 4.6, 5.10, 5.21, 6.1, 6.2, 6.4, 6.10 State Environmental Planning Policy (Infrastructure) 2007, cll 101, 102 State Environmental Planning Policy (Housing) 2021, cll 18, 19 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2022) NSW Department of Planning and Environment (July 2015) Apartment Design Guide Category: Principal judgment Parties: Constantinos Charalambous (Applicant) Randwick City Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)