Stoliar v Randwick City Council [2020] NSWLEC 1198

Land and Environment Court New South Wales

Medium Neutral Citation: Stoliar v Randwick City Council [2020] NSWLEC 1198 Hearing dates: Conciliation conference held on 10 February 2020 Date of orders: 01 May 2020 Decision date: 01 May 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders that: (1) Leave is granted to the Applicant to amend the application to rely on the plans referred to in condition 1 of the Conditions of Consent at Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the Applicant amending the application in the amount of $4,250 pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is upheld. (4) Development Application No. 241/2019, for the demolition of existing structures and the construction of a residential flat building, consisting of 7 units (including 3 units which are affordable housing units as defined under State Environmental Planning Policy (Affordable Rental Housing) 2009), 11 car spaces and associated landscaping works, is approved, subject to the Conditions of Consent 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 (Affordable Rental Housing) 2009 Category: Principal judgment Parties: Nati Stoliar (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)