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)   Solicitors: Boskovitz Lawyers (Applicant) Randwick City Council (Respondent)
File Number(s):	2019/184692
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of 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) (SEPP ARH), 11 car spaces and associated landscaping works (the proposal) at 160 Brook Street, Coogee (the site) by Randwick City Council (the Council).

2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 10 February 2020. I presided over the conciliation conference.

3. Following the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.

4. 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. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application.

5. The site is zoned R3 Medium Density Residential pursuant to Randwick Local Environmental Plan 2012 (LEP 2012) and residential flat buildings are permissible with consent. Division 1 of SEPP ARH applies to the development at cl 10. I am satisfied that the design of the development is compatible with the character of the local area, because residential flat buildings are a permissible use in the R3 zone, the development complies with the height of buildings development standard of 12m for the site (Height of Buildings Map - Sheet HOB_007 of LEP 2012) and the scale of the development is consistent with development in the vicinity of the site.

Orders

6. The orders of the Court are:

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.

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Susan O’Neill

Commissioner of the Court

Annexure A (213 KB, pdf)

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Decision last updated: 04 May 2020