AO Design Studio Pty Ltd v Randwick City Council

[2025] NSWLEC 1457

Land and Environment Court

New South Wales

Medium Neutral Citation:

AO Design Studio Pty Ltd v Randwick City Council [2025] NSWLEC 1457

Hearing dates:

Conciliation conference held on 19 June 2025

Date of orders:

26 June 2025

Decision date:

26 June 2025

Jurisdiction:

Class 1

Before:

Porter C

Decision:

The Court orders:

(1) The appeal is upheld.

(2) Development Application No. DA/722/2024 for the construction of a new two storey dwelling above basement level, in-ground swimming pool and landscaping works at 1 Murra Murra Place, Little Bay is determined by the grant of consent subject to conditions at Annexure A.

Catchwords:

DEVELOPMENT APPEAL – dwelling house – conciliation conference – agreement between the parties - orders

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7,

Heritage Act 1977 No 136

Land and Environment Court Act 1979, ss 34, 34AA

Environmental Planning and Assessment Regulation 2021, s 38

Randwick Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 5.10, 6.2, 6.4, 6.10

State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.11, 4.6

State Environmental Planning Policy (Sustainable Buildings) 2022

Category:

Principal judgment

Parties:

AO Design Studio Pty Ltd (Applicant)
Randwick City Council (Respondent)

Representation:

Counsel:
H Irish (Applicant)
J Ede (Solicitor) (Respondent)

Solicitors:
Conomos Legal (Applicant)
Wilshire Webb Staunton Beattie Lawyers (Respondent)

File Number(s):

2025/44809

Publication restriction:

Nil

JUDGMENT

1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of development application DA/722/2024. The DA seeks development consent for a new dwelling house with basement, swimming pool and ancillary works (DA) at 1 Murra Murra Place, Little Bay legally described as Lot 14 DP 285944 (site).

2. The Court notes that the Respondent, as the relevant consent authority, has approved under s 38 of the Environmental Planning and Assessment Regulation 2021 to the Applicant amending DA/722/2024 in accordance with the documents listed below (amended DA):

1. Architectural plans:

Plan	Drawn by	Dated
DA00 Title and site plan Rev J	AO Design Studio	5/5/25
DA01 Prop Site Plan Rev L	AO Design Studio	5/5/25
DA02 Prop Upper Ground Site Plan Rev L	AO Design Studio	5/5/25
DA03 Prop Lower Ground Site Plan Rev L	AO Design Studio	5/5/25
DA04 Prop Basement Site Plan Rev L	AO Design Studio	5/5/25
DA10 Prop Upper Ground floor plan Rev M	AO Design Studio	5/5/25
DA11 Prop Lower Ground floor plan Rev M	AO Design Studio	5/5/25
DA12 Prop Basement floor plan Rev L	AO Design Studio	5/5/25
DA15 Prop Roof Plan Rev L	AO Design Studio	5/5/25
DA20 Prop Street Elevations Rev J	AO Design Studio	5/5/25
DA21 Prop Elevations Rev J	AO Design Studio	5/5/25
DA22 Prop Elevations + section Rev J	AO Design Studio	5/5/25
DA23 Prop Sections Rev J	AO Design Studio	5/5/25
DA30 Prop Outdoor pool Sheet 1 Rev B	AO Design Studio	5/5/25
DA31 Prop Outdoor pool Sheet 2 Rev B	AO Design Studio	5/5/25
DA50 Prop win/door schedule – Sheet 1 Rev J	AO Design Studio	5/5/25
DA51 Prop win/door schedule – Sheet 2 Rev J	AO Design Studio	5/5/25
DA60 Prop Setout plan GF Rev J	AO Design Studio	5/5/25
DA61 Prop Setout plan LGF Rev J	AO Design Studio	5/5/25
DA62 Prop Setout plan BF Rev J	AO Design Studio	5/5/25
DA70 Prop Waste management plan Rev J	AO Design Studio	5/5/25
DA71 Prop External colour schedule Rev J	AO Design Studio	5/5/25
DA76 Boundary fence study Rev B	AO Design Studio	5/5/25
DA63 Prop Shadow Diagram 8am Rev J	AO Design Studio	5/5/25
DA64 Prop Shadow Diagram 12pm Rev J	AO Design Studio	5/5/25
DA65 Prop Shadow Diagram 4pm Rev J	AO Design Studio	5/5/25
DA72 Site Calculations Rev J	AO Design Studio	5/5/25
DA73 Site Proposal View Study Rev J	AO Design Studio	5/5/25
DA74 Site Block Model View Study Rev B	AO Design Studio	5/5/25
DA75 Articulation Zone Study Rev B	AO Design Studio	5/5/25
DA80 Prop Neighbouring Solar Study – Sheet 1 Rev C	AO Design Studio	18/12/23
DA81 Prop Neighbouring Solar Study – Sheet 2 Rev C	AO Design Studio	18/12/23
DA82 Prop Neighbouring Solar Study – Sheet 3 Rev C	AO Design Studio	18/12/23
DA83 Prop Neighbouring Solar Study – Sheet 4 Rev C	AO Design Studio	18/12/23
DA84 Prop Neighbouring Solar Study – Sheet 5 Rev C	AO Design Studio	18/12/23

2. BASIX Certificate

BASIX Certificate No.	Dated
1333050S_03	17/6/2025

3. Landscape Plans

DA001 Landscape Plan Rev H	Nelson Thomas	16/6/25
DA002 Landscape Plan Rev H	Nelson Thomas	16/6/25
DA003 Landscape Plan Rev G	Nelson Thomas	16/6/25
DA003 Landscape Plan – Perspectives Rev D	Nelson Thomas	4/6/23
DA003 Landscape Plan – Perspectives Rev E	Nelson Thomas	5/6/23

4. Engineering Report

5. Letter Prepared by Willows Engineering dated 2 June 2025, being an Addendum to their Geotechnical Investigation Report dated 1 February 2023

3. The Court arranged a conciliation conference under s 34AA of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 19 June 2025. I presided over the conciliation conference.

4. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court upholding the appeal for the amended DA and granting development consent to the amended DA subject to conditions. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions.

Jurisdictional Prerequisites

5. There are jurisdictional prerequisites that must be satisfied before this function can be exercised. The parties identified the jurisdictional prerequisites of relevance in these proceedings and explained how the jurisdictional prerequisites have been satisfied. I am satisfied that the parties’ decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act, as set out below.

6. Owners’ consent and consent from the Community Association accompanied the Class 1 application and was also provided in Council’s bundle of documents. The Respondent notified the DA between 29 August 2024 to 27 September 2024. No submissions were received.

Heritage Act 1977

7. The DA is Integrated Development as the site is located within state heritage item known as the Prince Henry Site SHR no. 01651. The Department of Climate Change, Energy, the Environment and Water provided General Terms of Approval (GTA) on 11 December 2024. The changes requested to the landscaping have been incorporated into the amended DA. The other GTA’s have been included in conditions of consent at Annexure A. I accept that the relevant provisions have been met.

Randwick Local Environmental Plan 2012

8. The site is zoned R1 General Residential under the Randwick Local Environmental Plan 2012 (RLEP). The proposed development for a dwelling house is permitted with consent in the zone and I have had regard to the objectives of the zone pursuant to cl 2.3.

9. The parties agree and I accept that the following applicable RLEP preconditions are met:

1. Clause 4.3 height of buildings applies to the site and prescribes a maximum building height of 9m. The amended architectural plans prepared by AO Design Studio (architectural plans) demonstrate that the development is below the maximum building height.

2. Clause 4.4 floor space ratio (FSR) applies to the site and prescribes a maximum of 0.5:1. The architectural plans demonstrate that the development does not exceed the maximum FSR.

3. Clause 5.10 heritage conservation applies as the site is part of a state heritage item (Prince Henry Site SHR 01651) and is located within the local Prince Henry Hospital Site Heritage Conservation Area. I accept on the basis of the GTA’s, Statement of Heritage Impact Report prepared by Development Engineering Solutions dated 16 July 2024 and the jurisdictional statement that cl 5.10 has been considered.

4. Clause 6.2 earthworks applies. I accept that the parties have considered the provisions on the basis of the Geotechnical Report prepared by Willows Engineering dated 1 February 2023, Further Engineering Letter dated 2 June 2025 by Willows Engineering, Waste Management Plans accompanying the Class 1 Application and conditions of consent.

5. Clause 6.4 stormwater management applies. The DA is accompanied by stormwater management plans and enforced through appropriate conditions of consent.

6. Clause 6.10 essential services applies to the amended DA. The parties agree that all essential services are provided.

State Environmental Planning Policy (Resilience and Hazards) 2021

10. Chapter 2 applies to the site as it located in a coastal use area. The Statement of Environmental Effects prepared by Evolution Planning dated March 2023 (SEE) details that s 2.11 has been met as the proposal does not impact on any of the provisions relating to coastal impacts.

11. The provisions of s 4.6 apply to the development. Council’s Assessment Report and the SEE conclude that there is no evidence to suggest any contamination of the site or that the site is unsuitable for residential development.

12. Accordingly, the parties agree, and I accept that the provisions of ss 2.11 and 4.6 have been satisfied.

State Environmental Planning Policy (Sustainable Buildings) 2022

13. The parties agree and I accept that the amended DA is accompanied by an amended BASIX Certificate that meet the provisions of the State environmental Planning Policy (Sustainable Buildings) 2022.

Heads of consideration

14. On the basis of the documentation accompanying the Class 1 appeal and the jurisdictional statement I accept that the heads of consideration of s 4.15 of the EPA Act have been considered.

Conclusion

15. As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.

16. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.

17. I have considered the jurisdictional prerequisites and I am satisfied on the basis of the evidence before me that the agreement of the parties is a decision that the Court could have made in the proper exercise of its functions.

Orders

18. The Court orders:

1. The appeal is upheld.

2. Development Application No. DA/722/2024 for the construction of a new two storey dwelling above basement level, in-ground swimming pool and landscaping works at 1 Murra Murra Place, Little Bay is determined by the grant of consent subject to conditions at Annexure A.

S Porter

Commissioner of the Court

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Annexure A (426 KB, pdf)

Decision last updated: 26 June 2025