Randwick BCH Pty Ltd atf Randwick BCH Trust v Randwick City Council [2024] NSWLEC 1839

Land and Environment Court New South Wales

Medium Neutral Citation: Randwick BCH Pty Ltd atf Randwick BCH Trust v Randwick City Council [2024] NSWLEC 1839 Hearing dates: Conciliation conference held 23 July, 16 August, 10 and 23 September and 22 and 29 November 2024 Date of orders: 23 December 2024 Decision date: 23 December 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA929/2023 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the agreed sum of $13,200 within 14 days of the date of these orders. (3) 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. (4) The appeal is upheld. (5) Consent is granted to Development Application DA929/2023 (as amended) for the demolition of existing structures, construction of a new eight-storey hotel suite accommodation building including ground floor meals, reception area and medical suite, forty self-contained suites, earthworks, and including a basement level with parking for thirteen cars, bin store, storage and plant areas, and communal open space at 32-34 Blenheim Street, Randwick, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – hotel suite accommodation development – cl 4.6 written request – height of buildings – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 37, 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.99, Div 10 Randwick Local Environmental Plan 2012, cll 2.3, 2.7, 4.3, 4.6, 5.10, 5.21, 6.2, 6.4, 6.10, 6.11 Texts Cited: NSW Department of Planning and Environment, Planning Circular PS 20-002, May 2020 Category: Principal judgment Parties: Randwick BCH Pty Ltd ATF Randwick BCH Trust (Applicant) Randwick City Council (Respondent) Representation: Counsel: S Simington (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)