Tektonik Pty Ltd v Randwick City Council [2023] NSWLEC 1448

Land and Environment Court New South Wales

Medium Neutral Citation: Tektonik Pty Ltd v Randwick City Council [2023] NSWLEC 1448 Hearing dates: Conciliation conference on 28 July 2023 Date of orders: 11 August 2023 Decision date: 11 August 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The request pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012 (RLEP) in relation to the height of buildings standard at clause 4.3 of the RLEP, prepared by ABC Planning Pty Limited dated July 2023, is upheld. (2) The Applicant is to pay the Council's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $3,250.00. (3) The appeal is upheld. (4) Development consent is granted to Development Application No. DA/415/2022 seeking the demolition of the existing buildings and structures, construction of a mixed use development comprising one retail space and 16 residential units comprising 8 x 1 bedroom, 5 x 2 bedroom and 3 x 3 bedroom units (including affordable housing), basement carparking for 15 car spaces and 1 visitor space, at 229 Anzac Parade, Kensington, subject to conditions at Annexure B. Catchwords: DEVELOPMENT APPLICATION — mixed use development in B2 Local Centre zone – residential apartment development – conciliation conference – agreement between parties – orders Legislation Cited: Civil Aviation Safety Regulations 1998, reg 139.370 Environmental Planning and Assessment Act 1979, ss 4.16, 7.4, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 29, 37 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 6.2, 6.4, 6.8, 6.9, 6.10, 6.11, 6.17, 6.18, 6.20 Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No. 65: Design Quality of Residential Apartment Development, cll 28, 30 Texts Cited: Randwick City Council, Kensington and Kingsford Town Centres Community Infrastructure Contributions Plan, December 2019 Randwick Development Control Plan 2013 Category: Principal judgment Parties: Tektonik Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: C Reid (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)