Auspat International No 2 Pty Ltd v Randwick City Council [2019] NSWLEC 176

Land and Environment Court New South Wales

Medium Neutral Citation: Auspat International No 2 Pty Ltd v Randwick City Council [2019] NSWLEC 176 Hearing dates: 4, 5 and 6 November 2019 Decision date: 06 November 2019 Jurisdiction: Class 1 Before: Moore J Decision: See directions at [41] Catchwords: APPEAL - proposed medium density residential development - impact of development on views - amendment to proposed development provides appropriate amelioration of view loss from one potentially impacted dwelling - view impacts from other potentially impacted dwellings acceptable - impact on critically endangered ecological community known as Eastern Suburbs Banksia Scrub - protection of connectivity of endangered community with other remnant vegetation - redesign of development to improve conductivity - rehabilitation of portion of the site to re-establish endangered ecological community - balancing present loss of endangered ecological community with future increase in area through re‑establishment on portion of the site - future protection of endangered ecological community by public positive covenant in favour of the Council requiring Revised Vegetation Management Plan and Fire Management Plan - future benefits for endangered ecological community outweigh immediate impact - revised development appropriate to be approved subject to settlement of relevant documents including public positive covenant in favour of the Council - directions given to permit preparation of settled plans and documents as a basis for giving of development consent. Legislation Cited: Randwick Local Environmental Plan 2012 Cases Cited: Telstra Corporation Limited v Hornsby Shire Council (2006) 146 LGERA 10; [2006] NSWLEC 133 Tenacity Consulting v Warringah [2004] NSWLEC 140 Category: Principal judgment Parties: Auspat International No 2 Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: Mr A Galasso SC (Applicant) Mr B McClintock SC (Respondent)