Adabjou v Randwick City Council [2019] NSWLEC 1343

Land and Environment Court New South Wales

Medium Neutral Citation: Adabjou v Randwick City Council [2019] NSWLEC 1343 Hearing dates: Conciliation conference on 19 July 2019 Date of orders: 24 July 2019 Decision date: 24 July 2019 Jurisdiction: Class 1 Before: Walsh C Decision: See orders at [9] below Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Randwick Local Environmental Plan 2012 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Sasan Adabjou (Applicant) Randwick City Council (Respondent) Representation: Solicitors: A Boskovitz, Boskovitz Lawyers (Applicant) J Corradini-Bird, Marsdens Law Group (Respondent) File Number(s): 2018/219035 Publication restriction: No

Judgment 1. COMMISSIONER: These proceedings, brought under Class 1 of the Court's jurisdiction, are an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against Randwick City Council's deemed refusal of development application 277/2018 ('DA'). 2. The DA which is the subject of these proceedings, subsequent to amendments for which leave has been granted, is for demolition of existing structures, construction of a 3 storey residential flat building containing 6 apartments (5 x 2-bedroom apartment, 1 x 3-bedroom apartments) over basement car parking for 9 cars (including 6 x in a stacked arrangement and 1 x visitor space) and 2 motorcycles and associated landscaping. The land to which the development application relates is 30 Beach Street, Coogee.