Cuda v Randwick City Council [2023] NSWLEC 1200

Land and Environment Court New South Wales

Medium Neutral Citation: Cuda v Randwick City Council [2023] NSWLEC 1200 Hearing dates: Conciliation conference on 17-18 April 2023 Date of orders: 28 April 2023 Decision date: 28 April 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) Leave is granted to the Applicant to rely on the Amended Application for demolition and works to an existing dwelling to allow for additional storeys and a swimming pool to the rear of the dwelling at 27 Endeavour Avenue, La Perouse, in accordance with the documents listed in Annexure B. (2) The appeal is upheld. (3) Development Application No. DA/197/2022 for demolition and works to an existing dwelling to allow for additional storeys and a swimming pool to the rear of the dwelling at 27 Endeavour Avenue, La Perouse, is determined by the grant of development consent subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Coastal Management Act 2016, s 5 Environmental Planning and Assessment Act 1979, ss 416, 8.7 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 4.3, 4.4, 5.10. 6.2, 6.4, 6.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Chs 2,4, ss 2.10,2.11 Category: Principal judgment Parties: Steven Cuda (Applicant) Randwick City Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) S Flannigan (Respondent)