Auspat International No.2 Pty Ltd v Randwick City Council [2022] NSWLEC 1567

Land and Environment Court New South Wales

Medium Neutral Citation: Auspat International No.2 Pty Ltd v Randwick City Council [2022] NSWLEC 1567 Hearing dates: 10-12 May 2022 and 20-21 September 2022 Date of orders: 19 October 2022 Decision date: 19 October 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The amended written request under clause 4.6 of the Randwick Local Environmental Plan 2012, prepared by Planning Ingenuity dated 1 June 2020 seeking a variation to the development standard for building height under clause 4.3, is upheld. (2) The appeal is upheld. (3) Development Application 698/2020, as amended, is a Stage 1 concept development application which seeks a part 3, part 4 storey residential flat building with parking, tree removal, landscaping and associated civil works on Lot 11 DP 1237484, also known as 11 Jennifer Street, Little Bay, is determined by the grant of consent, subject to conditions in Annexure A. (4) The applicant is to pay the respondents costs thrown away as a result of the amendments of the application for development consent, granted leave on 22 March 2022 and 16 June 2022, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (5) The exhibits are returned. Catchwords: DEVELOPMENT APPLICATION – concept development – residential flat building – biodiversity conservation – exceedance in height development standard – cl 4.6 written request to vary standard – heritage conservation Legislation Cited: Biodiversity Conservation Act 2016, Sch 1, Pts 1, 2, 7, ss 4.5, 6.2, 6.4, 6.5, 7.2, 7.3, 7.16 Biodiversity Conservation Regulation 2017, cll 6.7, 7.2, 7.3 Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.17, 4.22, 8.7, 8.15, 9.1 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Environmental Protection and Biodiversity Conservation Act 1999 Randwick Local Environmental Plan 2012, Sch 5, cll 2.3, 4.3, 4.4, 4.6, 5.10, 5.11, 6.11 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, cl 4.6 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development, cll 4, 28 Cases Cited: Auspat International No 2 Pty Ltd v Randwick City Council [2019] NSWLEC 176 Denoci Pty Ltd v Liverpool City Council [2020] NSWLEC 102 Toga Penrith Developments Pty Limited v Penrith City Council [2022] NSWLEC 117 The Uniting Church in Australia Property Trust (NSW) v Parramatta City Council [2018] NSWLEC 158 Texts Cited: Apartment Design Guide Randwick Comprehensive Development Control Plan 2013 Category: Principal judgment Parties: Auspat International No.2 Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: M Staunton (Applicant) R Lancaster SC (Respondent) C Koikas (Respondent)