Fox Johnston Pty Ltd v Randwick City Council [2016] NSWLEC 1006

Land and Environment Court New South Wales

Medium Neutral Citation: Fox Johnston Pty Ltd v Randwick City Council [2016] NSWLEC 1006 Hearing dates: 22 December 2015 Date of orders: 05 January 2016 Decision date: 05 January 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. By consent, the appeal is upheld. 2. Development Application No. 872/2014 for a boarding house at 23 Courland Street, Randwick is approved, subject to the conditions of consent at Annexure 'A'. 3. The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: boarding house; consent orders. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Panarea Investments Pty Ltd v Manly Council [2015] NSWLEC 1026 Category: Principal judgment Parties: Fox Johnston Pty Ltd (Applicant) Representation: Counsel: Mr A. Whealy (Applicant) Ms P. Hudson (Respondent) Solicitors: Gadens Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 10369 of 2015

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 872/2014 for a boarding house of 22 occupants (the proposal) at 23 Courland Street, Randwick (the site) by Randwick City Council (the Council). 2. The appeal was subject to mandatory conciliation on 21 September 2015, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 9 October 2015, pursuant to s 34(4) of the LEC Act. The proposal was amended following the termination of the conciliation conference and leave was granted by the Court on 3 November 2015 for the applicant to rely on the amended proposal. 3. Following the amendments made to the proposal, the parties agreed to enter into consent orders.