Vicar 28 Pty Ltd v Randwick City Council (No 2)

[2024] NSWLEC 1077

Land and Environment Court

New South Wales

Medium Neutral Citation:

Vicar 28 Pty Ltd v Randwick City Council (No 2) [2024] NSWLEC 1077

Hearing dates:

28 November 2023, 29 November 2023 and 14 December 2023

Date of orders:

28 February 2024

Decision date:

28 February 2024

Jurisdiction:

Class 1

Before:

Peatman AC

Decision:

The Court orders:

(1) The appeal is upheld.

(2) Modification application DA/620/2020/A is approved for the three-storey residential flat building with modifications to the four units, the basement car parking allocation together with an exhaust vent on the carpark roof in relation to the land known as 28 Vicar Street, Coogee being the whole of the land in Lot 2 Deposited Plan 18489 subject to Annexure A (the Modified Conditions) and Annexure B (the Consolidated Conditions).

(3) The exhibits are retained.

Catchwords:

MODIFICATION APPLICATION – setback, streetscape, acoustic, visual and amenity impact

Legislation Cited:

Environmental Planning and Assessment Act 1979, s 4.56

Land and Environment Court Act 1979, s 39

Cases Cited:

Vicar 28 Pty Ltd v Randwick City Council [2023] NSWLEC 1803

Category:

Consequential orders

Parties:

Vicar 28 Pty Ltd (Applicant)
Randwick City Council (Respondent)

Representation:

Counsel:
I Hemmings SC (Applicant)
M Harker (Respondent)

Solicitors:
Mills Oakley Lawyers (Applicant)
Randwick City Council (Respondent)

File Number(s):

2022/387540

Publication restriction:

No

Judgment

1. COMMISSIONER: In Vicar 28 Pty Ltd v Randwick City Council [2023] NSWLEC 1803 (judgment), I held subject to advice that the plans in Ex B (amended plans) and Ex C (amended Landscape plan) had been uploaded to the NSW Planning Portal, and amended Conditions of Consent were filed including a condition that to provide for the amelioration of acoustic impact on windows W15 and W16 in Bedrooms 1 and 2 of Unit 1 on Asa Architects Ground Floor Plan No. DA 01 Rev 08, I would uphold the appeal and approve Modification DA/620/2020/A.

2. The Applicant confirmed that the plans in Ex B (amended plans) and Ex C (amended Landscape plan) were uploaded onto the NSW Planning Portal, and the Portal’s P number is PAN-294587.

1. Ex B (amended plans) –

Plan No.	Rev	Author	Dated
DA 100 Basement Floor Plan	08	Asa Architects	17.08.2023
DA 101 Ground Floor Plan	08	Asa Architects	17.08.2023
DA 102 First Floor Plan	08	Asa Architects	17.08.2023
DA 103 Second Floor Plan	08	Asa Architects	17.08.2023
DA 104 Roof Plan	08	Asa Architects	17.08.2023
DA 105 North Elevation	08	Asa Architects	17.08.2023
DA 106 North + South Elevation	08	Asa Architects	17.08.2023
DA 107 East Elevation	08	Asa Architects	17.08.2023
DA 108 West Elevation	08	Asa Architects	17.08.2023
DA 109 Sections	08	Asa Architects	17.08.2023
DA 110 Sections	08	Asa Architects	17.08.2023
DA 111 Sections DD + EE	08	Asa Architects	17.08.2023
DA 501 SEPP 65 GFA Diagrams – Deep Soil Waste Mgt	08	Asa Architects	17.08.2023
DA 503 Sun shadow Diagrams	04	Asa Architects	21.07.2023
DA 600 Photomontage Comparison	00	Asa Architects	21.07.2023

2. Ex C (amended Landscape plan) –

Plan No.	Rev	Author	Dated
LS01 Landscape Ground Floor	F	Melissa Wilson	17.08.2023
LS02 Landscape Level 1	F	Melissa Wilson	17.08.2023
LS03 Landscape Level 2	F	Melissa Wilson	17.08.2023
LS04 Plant Schedule + Images	F	Melissa Wilson	17.08.2023
LS05 Landscape Notes	F	Melissa Wilson	17.08.2023
LS06 Typical Details	F	Melissa Wilson	17.08.2023

3. In accordance with the Direction given at [36] of the judgment, the parties have filed the agreed conditions of consent for the Modification of DA/620/2020, and the consolidated conditions of consent for DA/620/2020/A.

4. I previously found that the Modification is substantially the same as DA/620/2020, with the quantitative and qualitative amendments listed at [33(1) and (2)] of the judgment.

5. I shall uphold the appeal and approve the Modification DA/620/2020/A in accordance with s 4.56(1) of the Environmental Planning and Assessment Act 1979, and s 39(2) of the Land and Environment Court Act 1979.

6. The Court orders:

1. The appeal is upheld.

2. Modification application DA/620/2020/A is approved for the three-storey residential flat building with modifications to the four units, the basement car parking allocation together with an exhaust vent on the carpark roof in relation to the land known as 28 Vicar Street, Coogee being the whole of the land in Lot 2 Deposited Plan 18489 subject to Annexure A (the Modified Conditions) and Annexure B (the Consolidated Conditions).

3. The exhibits are retained.

…………………………

M Peatman

Acting Commissioner of the Court

Annexure A (250084, pdf)

Annexure B (425138, pdf)

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Decision last updated: 28 February 2024