Kingsford Parade Pty Ltd v Randwick City Council [2024] NSWLEC 1572

Land and Environment Court New South Wales

Medium Neutral Citation: Kingsford Parade Pty Ltd v Randwick City Council [2024] NSWLEC 1572 Hearing dates: Conciliation conference on 11 and 21 June 2024; 5 and 19 July 2024; 20 August 2024; s34 agreement submitted on 29 August 2024 Date of orders: 17 September 2024 Decision date: 17 September 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away as a result of the amended application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $12,500 payable within 28 days of the orders being made. (2) The applicant's written request, pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012 (LEP), seeking to vary the development standard height as set out at clause 4.3 of the LEP, is upheld. (3) The appeal is upheld. (4) Development Application No. DA/731/2023 for the demolition of the existing structures and the construction of a new part 4, part 9 storey co-living housing development with ground floor retail and a single basement level containing parking, shared parking, bicycle and motorbike parking and ancillary services at 311-315 Anzac Parade, Kensington is determined by the grant of consent subject to the conditions of consent in Annexure 'A'. Catchwords: APPEAL – development application – construction of a co-living housing development with ground floor retail and a single basement level for parking – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.42, 4.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 3, 27, 38 Randwick Local Environmental Plan 2012, cll 2.7, 4.1, 4.3, 4.4, 4.6, 5.10, 5.21, 6.2, 6.4, 6.10, 6.11, 6.17, 6.20, 6.25-6.27 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 (repealed) State Environmental Planning Policy (Housing) 2021, ss 7, 67, 68, 69, 70 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.98, 2.99, 2.122 Texts Cited: Kensington and Kingsford Town Centres – Affordable Housing Plan 2019 Kensington and Kingsford Town Centre Community Infrastructure Contributions Plan 2019 Kensington and Kingsford Town Centres Development Control Plan 2020 Randwick Community Engagement Strategy 2022 Randwick Development Control Plan 2013 Category: Principal judgment Parties: Kingsford Parade Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)