Vicar 28 Pty Ltd v Randwick City Council [2023] NSWLEC 1803

Land and Environment Court New South Wales

Medium Neutral Citation: Vicar 28 Pty Ltd v Randwick City Council [2023] NSWLEC 1803 Hearing dates: 28 November 2023, 29 November 2023 and 14 December 2023 Date of orders: 30 January 2024 Decision date: 30 January 2024 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court directs: (1) By 10 February 2024 the parties are to confer and if possible agree on the condition of consent to ameliorate the acoustic impact on windows W15 and W16 in Bedrooms 1 and 2 of Unit 1 on Asa Architects Ground Floor Plan No DA 01 Rev 08, which are to reflect the findings of this judgment, and file the agreed conditions for the Modification, and a consolidated set of Conditions. The Court orders: (1) If the parties are not able to agree on the conditions of consent by 10 February 2024, each party is to file in Court and serve on the other party the party's version of the conditions of consent. (2) The Applicant is to upload the amended plans in Exhibits B and C to the NSW Planning Portal, and advise the Court of the relevant reference number, within 14 days. Catchwords: MODIFICATION APPLICATION – setback, streetscape, acoustic, visual and amenity impact Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 8.9, 10, 11 Environmental Planning and Assessment Regulation 2021, s 91 Land and Environment Court Act 1979, ss 17, 34, 39 Randwick Local Environmental Plan 2012, cll 4.3, 4.4 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Div 1 ss 16, 19 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Davies v Penrith City Council [2013] NSWLEC 1141 McMillan v Taylor (2023) 257 LGERA 374; [2023] NSWCA 183 Meriton Property Services Pty Ltd v The Minister for Planning and Infrastructure [2013] NSWLEC 1260. Super Studio v Waverley Council (2004) 133 LGERA 363; [2004] NSWLEC 91 Vicar 28 Pty Limited v Randwick City Council [2022] NSWLEC 1200 Texts Cited: Department of Planning and Environment, Apartment Design Guide, July 2015 Randwick Comprehensive Development Control Plan 2013 Category: Principal judgment Parties: Vicar 28 Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) M Harker (Respondent)