Mark Zhang v Randwick City Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Mark Zhang v Randwick City Council [2022] NSWLEC 1120

Hearing dates:

Conciliation conference 15 February 2021

Date of orders:

11 March 2022

Decision date:

11 March 2022

Jurisdiction:

Class 1

Before:

Dickson C

Decision:

The Court orders that:

(1) The appeal is upheld.

(2) Development Application DA/625/2020 (as amended) for the demolition of existing structures and construction of a three-storey residential flat building comprising 6 apartments, basement level carparking, landscaping and associated works and landscaping at 29 Stanley Street, Randwick is determined by the granting of consent, subject to the conditions in Annexure A to these orders.

(3) The Applicant is to pay the Respondent’s costs thrown away in the amount of $4,400 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979.

(4)The Applicant is to pay the Respondent’s costs thrown away, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, agree in the amount of $12,500 within 28 days.

Catchwords:

DEVELOPMENT APPLICATION – demolition and construction of new boarding house – amended plans – agreement between the parties – orders.

Category:

Principal judgment

Parties:

Mark Zhang (Applicant)
Randwick City Council (Respondent)

Representation:

Counsel:
I Hemmings (Applicant)
M Astill (Respondent)

Solicitors:
Madison Marcus Law Firm (Applicant)
V McGrath, Randwick City Council (Respondent)

File Number(s):

2021/54299

Publication restriction:

No

Judgment

1. COMMISSIONER: The proceedings are an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) by the Applicant against the deemed refusal of Development Application No. DA/625/2020 by Randwick City Council (the Respondent). The development application, as amended, seeks consent for the demolition of existing structures, and construction of a three-storey residential flat building comprising six apartments, basement carparking for nine cars and landscaping and associated works. The development is proposed at 29 Stanley Street, Randwick (Lot 1 DP 304856).

2. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (the LEC Act) between the parties, which was held on 15 February 2022. I presided over the conciliation conference. Following the conciliation, agreement was reached between the parties. That decision is that the appeal is upheld, and the development application is approved, subject to the conditions of consent annexed to this judgment: pursuant to s 4.16(1) of the EPA Act.

3. In exercising the functions of the consent authority on the appeal, the Court has the power to determine the development application pursuant to ss 4.15 and 4.16 of the EPA Act. The final orders in this appeal, outlined below, are made as a result of an agreement between the parties that was reached at a conciliation conference.

4. As the presiding Commissioner, I am satisfied that the decision is one that the Court can make in the proper exercise of its functions (this being the test applied by s 34(3) of the LEC Act). I have formed this state of satisfaction for the following reasons:

1. By reference to the development application form filed,…