EMCON Group Pty Ltd v Randwick City Council [2023] NSWLEC 1324

Land and Environment Court New South Wales

Medium Neutral Citation: EMCON Group Pty Ltd v Randwick City Council [2023] NSWLEC 1324 Hearing dates: Conciliation conference on 17 May 2023 Date of orders: 23 June 2023 Decision date: 23 June 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away by reason of the amendment of Development Application No DA/513/2022 pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development Application No DA/513/2022 for demolition of existing structures and construction of a four-storey residential flat building containing four (4) apartments over basement level car parking for eight (8) vehicles, landscaping and siteworks at 132 Marine Parade, Maroubra is determined by the grant of consent subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environment Planning and Assessment Regulation 2021, cll 29, 37 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2, 6.4, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, ss 15, 16, 17, 18, 19, 21 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.,10, 2.11, 4.6 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development 2002, cl 28 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Randwick City Council, Maroubra Bay Flood Study, June 2011 Randwick Development Control Plan 2013 Category: Principal judgment Parties: EMCON Group Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)