Mok v Randwick City Council [2022] NSWLEC 1683

Land and Environment Court New South Wales

Medium Neutral Citation: Mok v Randwick City Council [2022] NSWLEC 1683 Hearing dates: Conciliation conference held on 23 November 2022 Date of orders: 07 December 2022 Decision date: 07 December 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The request pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012 in relation to the development standard at clause 4.4 of the Randwick Local Environmental Plan 2012 (floor space ratio) prepared by ABC Planning Pty Ltd dated November 2022 is upheld. (2) The request pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012 in relation to the development standard at clause 30(b) (Division 3 Boarding Houses) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 (standards for boarding houses) prepared by ABC Planning Pty Ltd dated October 2022 is upheld. (3) The applicant is to pay the respondent its costs thrown away as a result of the amendment to the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $9,800 within 14 days of the making of these orders. (4) The Appeal is upheld. (5) Development application number DA/327/2020 for integrated development for alterations and additions to existing boarding house including construction of a garage with 1 x boarding room above at the rear, new service entry, refurbishment of existing boarding room to make accessible and associated works at 40 The Avenue, Randwick, is determined by granting development consent subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – alterations and additions – boarding house – cl 4.6 written request to justify contravention of floor space ratio development standard – cl 4.6 written request to justify contravention of boarding room size development standard - heritage - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss34, 39 Randwick Local Environmental Plan 2012, cll 2,3, 4.4, 4.6, 5.10, 6.4 State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 26, 27, 28, 29, 30, 30A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 cl 3 State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: Albert Mok (Applicant) Randwick City (Respondent) Representation: Counsel: G Hartley (Solicitor)(Applicant) V McGrath (Solicitor)(Respondent)