Raymar Developments (NSW) Pty Ltd v Randwick City Council [2023] NSWLEC 1720

Land and Environment Court New South Wales

Medium Neutral Citation: Raymar Developments (NSW) Pty Ltd v Randwick City Council [2023] NSWLEC 1720 Hearing dates: Conciliation conference held 23 October, 13 and 20 November 2023. Date of orders: 29 November 2023 Decision date: 29 November 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA/510/2022 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) Pursuant to section 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 amending the Development Application in the agreed amount of $6,750. (3) Consent is granted to Development Application DA/510/2022 (as amended) for demolition of existing structures and construction of two, two-storey semi-detached dwellings with attic level, at 37 Waverley Street, Randwick, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – semi-detached dwellings – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 2.1, 2.3, 2.6, 4.1, 4.3, 4.4, 5.10, 6.1, 6.4 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Raymar Developments (NSW) Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)