Pacific Leaf Investments Pty Ltd v Randwick City Council [2022] NSWLEC 1727

Land and Environment Court New South Wales

Medium Neutral Citation: Pacific Leaf Investments Pty Ltd v Randwick City Council [2022] NSWLEC 1727 Hearing dates: Conciliation conference 12 December 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely on the amended documentation listed at paragraph [8]. (2) The Applicant's written request pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012 (LEP 2012) seeking to justify contravention of the floor space ratio standard under clause 4.4 of LEP 2012 has been considered and the necessary satisfaction has been formed under cl 4.6(4) of LEP 2012. (3) The appeal is upheld. (4) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments in respect of all amended plans and other documents in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $8,500.00. (5) Development Application No. 787/2021 for the demolition of existing three storey boarding house and garden sheds, and construction of proposed three storey multi-dwelling housing (6 townhouses with private entrances and associated landscape), one basement level carparking at 14-16 Botany Street, Randwick (Lot 7 DP 3033) is determined by the grant of consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION- demolition of existing boarding house, construction of new multi dwelling housing – amended plans and additional information – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 s 34 Randwick Local Environmental Plan 2012 cll 4.3, 4.4 4.6, 6.2, 6.4, 6.10 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021 ss 47, 48 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; NSWLEC 827 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: Pacific Leaf Investments Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: M Sonter, (Solicitor) (Applicant) V McGrath, (Solicitor) (Respondent)