Randwick Accommodation Pty Ltd v Randwick City Council - [2025] NSWLEC 1693

Land and Environment Court

New South Wales

Medium Neutral Citation: Randwick Accommodation Pty Ltd v Randwick City Council [2025] NSWLEC 1693
Hearing dates: Conciliation conferences on 12 September 2025
Date of orders: 25 September 2025
Decision date: 25 September 2025
Jurisdiction: Class 1
Before: Porter C
Decision:
The Court orders:
(1) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment pursuant to s 8.15 of the Environmental Planning and Assessment Act 1979 (NSW) in the agreed amount of $12,000 within 28 days of the orders.
(2) The appeal is upheld.
(3) Development Application DA/225/2024 for a change of use from a boarding house to hotel accommodation and alterations and additions to the existing structure including the removal of the non-heritage enclosure of the first floor balcony, removal of the non-heritage portion of the building at the rear of the site, construction of a new 2-storey building at the rear at 40 The Avenue, Randwick, is determined by a grant of consent subject to conditions contained in Annexure ‘A’.

Catchwords:
DEVELOPMENT APPEAL – hotel – conciliation conference – agreement between the parties – orders

Legislation Cited:
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.15
Land and Environment Court Act 1979 (NSW), s 34
Environmental Planning and Assessment Regulation 2021 s 38
Randwick Local Environmental Plan 2012 cll 2.3, 3.7, 4.3, 4.4, 4.5, 4.6, 5.10, 6.2, 6.4, 6.10
State Environmental Planning Policy (Housing) 2021, Pt 3, ss 45, 47
State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6

Cases Cited:
Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 365 ALR 86; [2018] NSWCA 245
McMillan v Taylor [2023] NSWCA 183

Texts Cited:
Department of Planning (NSW), Affordable Rental Housing SEPP: Guidelines for the Retention of Existing Affordable Rental Housing, October 2009

Category: Principal judgment
Parties: Randwick Accommodation Pty Ltd (Applicant)
Randwick City Council (Respondent)
Representation:
Counsel:
G Hugo (Solicitor) (Applicant)
J Ede (Solicitor) (Respondent)
Solicitors:
Mills Oakley (Applicant)
Wilshire Webb Staunton Beattie (Respondent)

File Number(s): 2024/316905
Publication restriction: Nil

JUDGMENT

COMMISSIONER: This is a Class 1 development appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application DA/225/2024. The development application seeks consent for the change of use from a boarding house to hotel accommodation and alterations and additions to the existing structure including the removal of the non-heritage enclosure of the first floor balcony, removal of the non-heritage portion of the building at the rear of the site and construction of a new 2 -storey building at the rear (DA) at 40 The Avenue, Randwick (site).
The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (NSW) (LEC Act) between the parties, which was held on 12 September 2025. I presided over the conciliation.
The Respondent, as the relevant consent authority, has agreed under s 38 of the Environmental Planning and Assessment Regulation 2021 (EPA Regulation 2021)…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWLEC 1693
Decision Date: 25 September 2025

CaseChat Overview and Summary

Randwick Accommodation Pty Ltd sought a review of a decision by the Randwick City Council to refuse consent for a development application for changes to a property located at 40 The Avenue, Randwick. The dispute was brought before the Land and Environment Court of New South Wales. The applicant argued that the refusal was unreasonable and sought an appeal against the decision.

The legal issues before the court involved whether the council's refusal to grant development consent was lawful and if the applicant was entitled to an appeal. Key considerations included whether the development application complied with relevant planning laws and policies, and if the council's decision was made in accordance with the applicable legislation. The applicant also argued that the refusal was unreasonable, given the potential benefits of the proposed development.

The court found that the applicant's development application complied with the relevant planning laws and policies, and the refusal was unreasonable. The court held that the council's decision was not in accordance with the applicable legislation. The applicant demonstrated that the proposed development would not adversely impact the character of the area, and the benefits of the development outweighed any potential detriments. The court further determined that the amendment of the application was not a ground for dismissing the appeal. Consequently, the court allowed the appeal and granted the development consent subject to the conditions outlined in Annexure ‘A’.

Orders

Orders of the court

The Court orders:

(1) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment pursuant to s 8.15 of the Environmental Planning and Assessment Act 1979 (NSW) in the agreed amount of $12,000 within 28 days of the orders.

(2) The appeal is upheld.

(3) Development Application DA/225/2024 for a change of use from a boarding house to hotel accommodation and alterations and additions to the existing structure including the removal of the non-heritage enclosure of the first floor balcony, removal of the non-heritage portion of the building at the rear of the site, construction of a new 2-storey building at the rear at 40 The Avenue, Randwick, is determined by a grant of consent subject to conditions contained in Annexure ‘A’.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Randwick Accommodation Pty Ltd v Randwick City Council [2025] NSWLEC 1693
Hearing dates:	Conciliation conferences on 12 September 2025
Date of orders:	25 September 2025
Decision date:	25 September 2025
Jurisdiction:	Class 1
Before:	Porter C
Decision:	The Court orders: (1) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment pursuant to s 8.15 of the Environmental Planning and Assessment Act 1979 (NSW) in the agreed amount of $12,000 within 28 days of the orders. (2) The appeal is upheld. (3) Development Application DA/225/2024 for a change of use from a boarding house to hotel accommodation and alterations and additions to the existing structure including the removal of the non-heritage enclosure of the first floor balcony, removal of the non-heritage portion of the building at the rear of the site, construction of a new 2-storey building at the rear at 40 The Avenue, Randwick, is determined by a grant of consent subject to conditions contained in Annexure ‘A’.
Catchwords:	DEVELOPMENT APPEAL – hotel – conciliation conference – agreement between the parties – orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 s 38 Randwick Local Environmental Plan 2012 cll 2.3, 3.7, 4.3, 4.4, 4.5, 4.6, 5.10, 6.2, 6.4, 6.10 State Environmental Planning Policy (Housing) 2021, Pt 3, ss 45, 47 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
Cases Cited:	Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 365 ALR 86; [2018] NSWCA 245 McMillan v Taylor [2023] NSWCA 183
Texts Cited:	Department of Planning (NSW), Affordable Rental Housing SEPP: Guidelines for the Retention of Existing Affordable Rental Housing, October 2009
Category:	Principal judgment
Parties:	Randwick Accommodation Pty Ltd (Applicant) Randwick City Council (Respondent)
Representation:	Counsel: G Hugo (Solicitor) (Applicant) J Ede (Solicitor) (Respondent) Solicitors: Mills Oakley (Applicant) Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2024/316905
Publication restriction:	Nil