Parseh Llanfoyst Pty Ltd v Randwick City Council [2024] NSWLEC 1090

Land and Environment Court New South Wales

Medium Neutral Citation: Parseh Llanfoyst Pty Ltd v Randwick City Council [2024] NSWLEC 1090 Hearing dates: Conciliation Conference 14 and 15 February 2024 Date of orders: 05 March 2024 Decision date: 05 March 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The Applicant's written request under clause 4.6 of the Randwick Local Environmental Plan 2012 prepared by GSA Planning, seeking a variation of the development standard for solar access set out in section 18(2)(e) of the State Environmental Planning Policy (Housing) 2021 is upheld. (3) The appeal is upheld. (4) Development Application DA526/2022 (as amended) for the demolition of existing building, lot amalgamation and construction of a residential flat building comprising eight three-bedroom units and three one-bedroom units with basement carparking and landscaping at 3 & 4 Llanfoyst Street Randwick NSW 2031 is determined by the grant of development consent, subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPEAL – demolition – lot amalgamation – construction of residential flat building – affordable housing scheme – solar access - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 38, 64 Randwick Local Environmental Plan 2012, cll 4.6, 6.10 State Environmental Planning Policy (Housing) 2021, Sch 7, ss 8, 16, 18, 19, 21 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Ch 6, s 6.1 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Parseh Llanfoyst Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) N Eastman SC (Respondent)