Charas Developments 2 Pty Ltd v Randwick City Council [2024] NSWLEC 1367

Land and Environment Court New South Wales

Medium Neutral Citation: Charas Developments 2 Pty Ltd v Randwick City Council [2024] NSWLEC 1367 Hearing dates: Conciliation conference 21 March 2024 Date of orders: 02 July 2024 Decision date: 02 July 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application No Da 276/2023 and rely on the further amended application listed at [6] in the judgment. (2) the Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15 of the Environmental Planning and Assessment Act 1979 in the sum of $8,000.00 (3) The appeal is upheld (4) Development consent is granted to Development Application number 276/2023 for construction of a proposed part 4, part 5 co-living development and includes: 20 rooms (8 single rooms, 11 double rooms and 1 Manager's room) over two separate buildings; excavated basement level with parking for four cars; landscaping and associated works at 29 Byron Street, Coogee, is approved, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition, proposed co-living development, landscaping and associated works – conciliation conference – amended plans and information – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7 Land and Environmental Court Act 1979 (NSW) s 34 Environmental Planning and Assessment Regulations (NSW), s 23 Randwick Local Environmental Plan cll 4.3, 4.4, 4.6, 6.2 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, ss 67, 68, 69 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Ltd v North Sydney Council [2019] NSWCA 130 Texts Cited: Randwick Comprehensive Development Control Plan 2013 Category: Principal judgment Parties: Charas Developments 2 Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: V Conomos, solicitor (Applicant) V McGrath, solicitor (Respondent)