Barakate v Randwick City Council [2024] NSWLEC 1276

Land and Environment Court New South Wales

Medium Neutral Citation: Barakate v Randwick City Council [2024] NSWLEC 1276 Hearing dates: Conciliation Conference 14 and 15 May 2024 Date of orders: 28 May 2024 Decision date: 28 May 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant's written request, pursuant to cl 4.6 of the Randwick Local Environmental Plan 2012 (RLEP), seeking to vary the development standard for height of buildings as set out at cl 4.3 of the RLEP, is upheld. (2) The appeal is upheld. (3) Development Application DA/417/2023, as amended, for the demolition of existing dwelling and construction of a new dwelling, and landscaping at 16 Judge Street, Randwick, is determined by the grant of consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – residential development – height of building – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34AA Randwick Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.10, 6.2, 6.4, 6.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Environmental Planning and Assessment Regulation 2021, s 38 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: Sasha Barakate (Applicant) Randwick City Council (Respondent) Representation: Counsel: D Le Breton (Solicitor)(Applicant) V McGrath (Solicitor)(Respondent)