Maroubra Property Development Pty Limited v Randwick City Council [2024] NSWLEC 1716

Land and Environment Court New South Wales

Medium Neutral Citation: Maroubra Property Development Pty Limited v Randwick City Council [2024] NSWLEC 1716 Hearing dates: 27-28 August 2024 and 17 October 2024 Date of orders: 07 November 2024 Decision date: 07 November 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No. 80/2023 for demolition of existing structures and construction of an eight storey mixed use development with three basement levels comprising 56 units, retail and commercial tenancies, 90 car parking spaces and strata subdivisions at 138 Maroubra Road, Maroubra is refused. (3) All exhibits are returned, except for Exhibits A, E, F and H. Catchwords: DEVELOPMENT APPLICATION: mixed use development in E2 Commercial Centre – whether objectives of the standard are achieved – whether sufficient environmental planning grounds Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 3.43, 4.15, 8.7 Land and Environment Court Act 1979, s 39 Randwick Local Environmental Plan 2013, cll 4.3, 4.6 State Environmental Planning Policy (Housing) 2021, s 16 Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Woollahra Municipal Council v SJD DB2 Pty Ltd [2020] NSWLEC 115 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Texts Cited: Randwick Comprehensive Development Control Plan 2013 Greater Sydney Commission's Eastern City District Plan 2018 Randwick City Local Strategic Planning Statement 2020 Apartment Design Guide 2015 Category: Principal judgment Parties: Maroubra Property Development Pty Limited (Applicant) Randwick City Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) A Seton (Solicitor) (Respondent)