Liu v Randwick City Council [2022] NSWLEC 1587

Land and Environment Court New South Wales

Medium Neutral Citation: Liu v Randwick City Council [2022] NSWLEC 1587 Hearing dates: Conciliation conference held on 19 October 2022 Date of orders: 26 October 2022 Decision date: 26 October 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA/614/2021, which as amended, seeks for demolition of existing structures and construction of a three-storey dwelling house with basement and upper level balconies, cabana and outbuilding at the rear, decking, landscaping and associated works, on Lot B in Deposited Plan 320680, also known as 10 Torrington Street, Maroubra is determined by grant of consent, and subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – dwelling construction - conciliation conference 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 34AA Randwick Local Environmental Plan 2012, cll 2.3, 4.3, 4.4 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 3 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: Eric Yi-Kun Liu (Applicant) Randwick City Council (Respondent) Representation: Counsel: M Staunton (Barrister)(Applicant) V McGrath (Solicitor)(Respondent)