Hassarati Finance Pty Ltd v Randwick City Council [2023] NSWLEC 1028

Land and Environment Court New South Wales

Medium Neutral Citation: Hassarati Finance Pty Ltd v Randwick City Council [2023] NSWLEC 1028 Hearing dates: Conciliation conference held on 20 January 2023 Date of orders: 24 January 2023 Decision date: 24 January 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) Leave is granted to the applicant to rely on the amended documentation listed in 'Annexure A'. (2) The amended written request made, pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012, filed on 20 December 2022, which seeks to vary development standard in clause 4.3 – Height, is upheld. (3) The appeal is upheld. (4) Development application DA/630/2021, as amended, seeking demolition of existing structures and construction of a six-storey shop-top housing development comprising ground floor retail and five levels above containing 23 student rooms, 8 boarding rooms and 1 manager room, communal areas, car parking spaces (4), landscaping and associated works on Lot 62 in Deposited Plan 7698, also known as 203-207 Anzac Parade, Kensington, is determined by the grant of consent, and subject to the conditions set out in 'Annexure A'. (5) The applicant is to pay the respondent's costs that have been thrown away as a result of the amendment of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $7,300. Catchwords: DEVELOPMENT APPLICATION –mixed use - shop top housing - boarding house - breach in height development standards – cl 4.6 request for variation of standards - conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 29 State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 Randwick Local Environmental Plan 2012, cll 2.3, 4.3, 4.6 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: Hassarati Finance Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)