D-Studio Architects Pty Ltd v Randwick City Council [2025] NSWLEC 1049

Land and Environment Court New South Wales

Medium Neutral Citation: D-Studio Architects Pty Ltd v Randwick City Council [2025] NSWLEC 1049 Hearing dates: Conciliation conference on 17 October and 12 December 2024 Date of orders: 29 January 2025 Decision date: 29 January 2025 Jurisdiction: Class 1 Before: Thorpe AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent for DA/208/2024 for the demolition of existing structures and construction of 5 and a 9 storey shop top housing development separated by a central through site link with ground floor commercial tenancies/SOHO units and residential dwellings on floors above, two basement levels accommodating 41 car parking spaces, communal open spaces, removal of trees, amalgamation of existing lots, associated site and landscape works on the land at 6-10 Bowral Street, Kensington, is determined by the grant of consent subject to the conditions of consent in Annexure 'A'. (3) The Applicant is to pay the Respondent's costs "thrown away" as a result of the amendments to the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. Catchwords: DEVELOPMENT APPEAL – shop top housing development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.46, 8.7 Land and Environment Court Act 1979, s 34 Airports Act 1996, s 183 Water Management Act 2000 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Randwick Local Environmental Plan 2012, cll 2.7, 4.3, 6.2, 6.4, 6.8, 6.10, 6.11, 6.17, 6.20, 6.26 State Environmental Planning Policy (Housing) 2021, s 145, 147, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48, 2.122 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Randwick Development Control Plan 2013 Category: Principal judgment Parties: D-Studio Architects Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: V Conomos (Solicitor)(Applicant) J Corradini Bird (Solicitor) (Respondent)