Jennifer Street Developments Pty Ltd v Randwick City Council [2023] NSWLEC 1554

Land and Environment Court New South Wales

Medium Neutral Citation: Jennifer Street Developments Pty Ltd v Randwick City Council [2023] NSWLEC 1554 Hearing dates: Conciliation conferences on 9 June, 7 and 21 July, 7 and 23 August 2023 Date of orders: 22 September 2023 Decision date: 22 September 2023 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amendment of the development application in a sum of $6,000.00. (2) The Applicant's written request under cl 4.6 of the Randwick Local Environmental Plan 2012 (RLEP) prepared by Planning Ingenuity dated 9 November 2022 seeking to vary the height in cl 4.3 of the RLEP is upheld. (3) The appeal is upheld. (4) Development consent is granted to development application No DA/580/2022 for a stage 2 construction of 3 x part 3 to part 4-storey residential flat buildings with 75 apartments, common basement level car parking for 117 cars, the partial removal of onsite vegetation and replacement landscaping at 11 Jennifer Street, Little Bay subject to the conditions of consent at Annexure A. The development also comprises the retention of Eastern Suburbs Banksia Scrub vegetation within the southern portion of the site. Catchwords: DEVELOPMENT APPLICATION – Stage 2 residential flat buildings – cl. 4.6 written request – height variation - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.24, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 29, 38 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012 cll 2.3, 2.7, 4.3, 4.4, 4.6, 5.10, 6.2, 6.4, 6.5, 6.10, 6.11, 6.12 State Environmental Planning Policy (Biodiversity and Conservation) 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 4, 28, 30 Cases Cited: Auspat International No.2 Pty Ltd v Randwick City Council [2022] NSWLEC 1567 Karimbla Properties (No.59) Pty Limited v City of Parramatta [2023] NSLEC 1365 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Jennifer Street Pty Ltd (Applicant) Randwick Council (Respondent) Representation: Counsel: J Strati (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)