DBK Development Pty Limited v Randwick City Council [2015] NSWLEC 1464

Land and Environment Court New South Wales

Medium Neutral Citation: DBK Development Pty Limited v Randwick City Council [2015] NSWLEC 1464 Hearing dates: 13 November 2015 Decision date: 17 November 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: CONSENT ORDERS: modification of consent for residential flat building; amended plans address council's contentions in the case, resident objections Legislation Cited: Randwick Local Environmental Plan 2012; State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development Texts Cited: Randwick Comprehensive Development Control Plan 2013; Apartment Design Guide Category: Principal judgment Parties: DBK Development Pty Limited (Applicant)

Randwick City Council (Respondent) Representation: Solicitors: Ms R McCulloch Pikes & Verekers Lawyers (Applicant) Ms V McGrath Norton Rose Fulbright Australia (Respondent) File Number(s): 10648 of 2015

Judgment 1. DBK Development Pty Limited had obtained a development consent from Randwick City Council that authorised the construction of a residential flat building at No 3 Severn Street, Maroubra (Development consent No 552/2103). On 15 May 2015 DBK lodged Application DA/552/2013/B which sought to modify that consent. The Council had not determined the application within the prescribed period and DBK is appealing its deemed refusal. 2. Following a conciliation conference held 21 September 2015, the applicant has prepared amended plans. Those plans were submitted to the council and, with leave having been granted to the applicant to rely on those plans at the commencement of the hearing, the contentions in the case have now been resolved and the parties are seeking Consent Orders from the Court.