Griffiths v Randwick City Council [2023] NSWLEC 1163

Land and Environment Court New South Wales

Medium Neutral Citation: Griffiths v Randwick City Council [2023] NSWLEC 1163 Hearing dates: Conciliation conference on 1 March 2023 Date of orders: 06 April 2023 Decision date: 06 April 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders: (1) Leave is granted to the Applicant to rely on the amended documentation listed in Condition 1 of Annexure A (2) The appeal is upheld. (3) Modification application DA/230/2021/A, for the modification to the dwellings, landscaping and engineering plans in respect of the original consent for demolition of existing structures and construction of two two-storey dwelling houses (one with basement level), subdivision to create two Torrens title allotments, addition of two swimming pools, landscaping and associated works at 159 Boyce Road, Maroubra, is determined by the grant of consent, subject to the conditions of consent in Annexure A. Catchwords: Modification Application –– modifications to approved plans – reduced impact due to amended plans - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.55, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss, 34, 34AA Randwick Local Environmental Plan 2012, cll 4.4, 5.10, 6.1, 6.4, 6.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: Mark Griffiths (Applicant) Randwick City Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) S Flanigan (Respondent)