Bana Pty Ltd v Randwick City Council [2019] NSWLEC 1209

Land and Environment Court New South Wales

Medium Neutral Citation: Bana Pty Ltd v Randwick City Council [2019] NSWLEC 1209 Hearing dates: Conciliation conference on 16 April 2019; 23 April 2019; 2 May 2019; 9 May 2019 Date of orders: 14 May 2019 Decision date: 14 May 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1 at Annexure 'A'. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 ("EP&A Act"), the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development application in the sum of $5,500 within 28 days of these orders. (3) The Applicant's written request pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012 ("RLEP") seeking to justify the breach of the maximum floor space ratio development standard pursuant to clause 4.4 of RLEP dated 29 April 2019 has been considered and I have formed the necessary opinion of satisfaction under clause 4.6(4) of RLEP. Consequently, the Applicant's written request is well founded and is upheld. (4) The Applicant's written request pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012 ("RLEP") seeking to justify the breach of the maximum building height development standard pursuant to clause 4.3 of RLEP dated 29 April 2019 has been considered and I have formed the necessary opinion of satisfaction under clause 4.6(4) of RLEP. Consequently, the Applicant's written request is well founded and is upheld. (5) The Applicant's written Character of Local Area statement under clause 16A of State Environmental Planning Policy (Affordable Rental Housing) 2009 ("SEPP (ARH)") in relation to whether the proposed development is compatible with the character of the local area has been considered and I have formed the necessary opinion of satisfaction under clause 16A of SEPP (ARH). (6) The appeal in respect of the property known as 190-192 Carrington Road, Randwick, is upheld. (7) Development Application DA/421/2018 for the demolition of existing structures and construction of a residential flat building containing 12 dwellings including five affordable rental housing units with basement parking for 17 vehicles, landscaping, strata subdivision and associated works at 190-192 Carrington Road, Randwick, is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Randwick Local Environmental Plan 2012 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 55 – Remediation of Land Category: Principal judgment Parties: Bana Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Galasso SC (Applicant)