Kingsford Parade Pty Ltd v Randwick City Council [2024] NSWLEC 1572

Kingsford Parade Pty Ltd v Randwick City Council [2024] NSWLEC 1572

The Court upheld the appeal, granting development consent to the amended application for co-living housing with ground floor retail and basement parking, finding compliance (or justified variation) with relevant statutory and local planning controls, including height variation justified under clause 4.6, as agreed between the parties and supported by expert evidence and voluntary planning contributions.

Parties
Applicant: Kingsford Parade Pty Ltd; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
17 September 2024
Procedural Posture
Appeal / Final Orders Following S34 Agreement
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Appeal, Co Living Housing, Development Standards, Conciliation Conference, Section 34 Agreement
Environmental and Planning Law Development Application Appeal Co Living Housing Development Standards Conciliation Conference Section 34 Agreement

Case Brief

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Parties

Kingsford Parade Pty Ltd

Applicant

Randwick City Council

Respondent

Procedural Posture

Appeal / Final Orders Following S34 Agreement

Legal Issues

  1. 1 Whether the amended development application should be approved
  2. 2 Whether clause 4.3 (height) of the Randwick Local Environmental Plan 2012 should be varied per clause 4.6
  3. 3 Compliance with height, floor space ratio, heritage, flood planning, earthworks, stormwater, essential services, design, active frontage, affordable housing contributions, contamination, BASIX requirements, and community engagement provisions

Ratio Decidendi

The Court upheld the appeal, granting development consent to the amended application for co-living housing with ground floor retail and basement parking, finding compliance (or justified variation) with relevant statutory and local planning controls, including height variation justified under clause 4.6, as agreed between the parties and supported by expert evidence and voluntary planning contributions.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The applicant is to pay the respondent's costs thrown away as a result of the amended application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $12,500 payable within 28 days.
  • The applicant's written request, pursuant to clause 4.6 of the Randwick Local Environmental Plan 2012, seeking to vary the development standard height as set out at clause 4.3, is upheld.