Ashmor Holdings Pty Ltd v Randwick City Council [2022] NSWLEC 1692

Land and Environment Court New South Wales

Medium Neutral Citation: Ashmor Holdings Pty Ltd v Randwick City Council [2022] NSWLEC 1692 Hearing dates: Hearing on 3 and 4 August 2022 Date of orders: 13 December 2022 Decision date: 13 December 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders: (1) The Applicant is granted leave to rely on amended plans (privacy screen detail), landscape plans and photomontages as set out in Condition 1 of Annexure 'A'. (2) The written request under clause 4.6 of the Randwick Local Environmental Plan 2013 seeking to vary the building height standard is upheld. (3) The appeal is upheld. (4) Development Application DA 757/2021 for alterations and additions to an approved shop-top housing development to provide a new communal roof terrace at 1 Adams Avenue, Malabar (Site) is approved, subject to the conditions in Annexure 'A'. (5) All Exhibits are returned with the exception of Exhibits A and 2. Catchwords: Development Consent: proposed new roof terrace – alterations and additions to approved shop top housing development – breach of height standard – residential amenity Legislation Cited: Environmental Planning and Assessment Act 1979 s 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 Randwick Local Environmental Plan 2012 cll 4.3, 4.6 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Randwick Comprehensive Development Control Plan 2013 Category: Principal judgment Parties: Ashmor Holdings Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: R White (Applicant) S Berverling (Respondent)