Built Developments Pty Ltd v Randwick City Council (No 2)

[2021] NSWLEC 1351

Land and Environment Court

New South Wales

Medium Neutral Citation:

Built Developments Pty Ltd v Randwick City Council (No 2) [2021] NSWLEC 1351

Hearing dates:

8 and 9 February 2021

Date of orders:

16 June 2021

Decision date:

16 June 2021

Jurisdiction:

Class 1

Before:

Chilcott C

Decision:

The Court orders:

(1)   The appeal is upheld.

(2)   Development application DA/283/2019 seeking consent for the consolidation of the two lots into one lot, demolition of all existing structures, excavation, and construction of a part 2/part 3 level building including basement car parking for 13 cars, warehousing and ancillary office space, with associated works at 84 to 86 Perry Street Matraville is determined by the grant of consent, subject to the conditions of development consent provided at Annexure ‘A’.

(3)   The exhibits are returned, with the exception of Exhibits A, 1 and 2.

Catchwords:

DEVELOPMENT APPLICATION – proposed warehouse – size and frequency of vehicles to attend warehouse facility – consideration of AS2890.2 concerning off street commercial vehicle facilities

Cases Cited:

Built Developments Pty Ltd v Randwick City Council [2021] NSWLEC 1234

Category:

Principal judgment

Parties:

Built Developments Pty Ltd (Applicant)
Randwick City Council (Respondent)

Representation:

Counsel:
A Gallasso (Applicant)
M Staunton (Respondent)

Solicitors:
Mills Oakley (Applicant)
Marsdens Law Group (Respondent)

File Number(s):

2019/349152

Publication restriction:

No

Judgment

1. COMMISSIONER: In a judgment given on 6 May 2021, Built Developments Pty Ltd v Randwick City Council [2021] NSWLEC 1234, I handed down my decision on the appeal by Built Developments Pty Ltd against the deemed refusal by the Randwick City Council of its development application DA/283/2019.

2. That application sought consent for the consolidation of the two lots into one lot, demolition of all existing structures, excavation, and construction of a part 2/part 3 level building including basement car parking, warehousing and ancillary office space, with associated works at 84 to 86 Perry Street, Matraville.

3. At [46] in my judgment of 6 May 2021, the Parties were directed to agree, and file with the Court, by no later than Friday 14 May 2021, settled conditions of consent, reflecting the conclusions in the Court’s judgment in this matter.

4. The Parties have now agreed settled conditions of consent reflecting the conclusions in the Court’s judgment.

5. As the Parties’ agreed conditions of consent have now been filed, the Court is able to make final orders.

Orders

6. The Court orders:

1. The appeal is upheld.

2. Development application DA/283/2019 seeking consent for the consolidation of the two lots into one lot, demolition of all existing structures, excavation, and construction of a part 2/part 3 level building including basement car parking for 13 cars, warehousing and ancillary office space, with associated works at 84 to 86 Perry Street Matraville is determined by the grant of consent, subject to the conditions of development consent provided at Annexure ‘A’.

3. The exhibits are returned, with the exception of Exhibits A, 1 and 2.

M Chilcott

Commissioner of the Court

Annexure A (414925, pdf)

**********

Decision last updated: 09 July 2021