CBR9 Pty Limited v Randwick City Council [2026] NSWLEC 1384
Before: Miller AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provisions of s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application DA/535/2025 which seeks consent, as amended, for demolition of existing buildings/structures, tree removal and construction of a shop top housing development with 20 residential units, 3 commercial tenancies and 2 levels of basement containing 33 car spaces (accessed from Powell Lane) on land known as 130-132 and 134 Coogee Bay
Catchwords
APPEAL — development application — shop top housing — bulk and scale — solar access — desired future character — tree removal
Outcome
The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application DA/535/2025 for demolition of existing buildings/structures, tree removal and construction of a shop top housing development with 20 residential units, 3 commercial tenancies and 2 levels of basement containing 32 car spaces (accessed from Powell Lane) (as amended) on land known as 130-132 and 134 Coogee Bay Road, Coogee (Lot B in DP 102102 and Lot 1 in DP 940970) subject to the conditions of consent at Annexure A. (3) The clause 4.6 request prepared by ABC Planning dated April 2026 in relation to a variation to clause 4.3 (height of buildings) of the Randwick Local Environmental Plan 2012 is upheld. (4) The clause 4.6 request prepared ABC Planning dated April 2026 in relation to a variation to clause 4.4 (floor space ratio) of the Randwick Local Environmental Plan 2012 is upheld. (5) The Exhibits are returned with the exception of Exhibits A, B, C, D which are retained.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), s 8.7 Sydney Water Act 1994 (NSW), s 78 Environmental Planning and Assessment Regulation 2021 (NSW), s 23 Randwick Local Environmental Plan 2012, cll 2.3, 2.7, 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.4, 6.10, 6.11, 6.22 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Housing) 2021, Ch 4, ss 144, 145, 147, 149 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48
Read the full judgment
Authoritative text on NSW Caselaw · ~44k words
Related decisions
Troon Property Holdings Pty Ltd v Randwick City Council [2026] NSWLEC 1285
Randwick City Council · 19 May 2026
Dolphin Street Pty Ltd v Randwick City Council [2026] NSWLEC 1260
Randwick City Council · 08 May 2026
Henry Fraser Pty Ltd v Northern Beaches Council [2026] NSWLEC 1382
Northern Beaches Council · 30 June 2026
132Cordeaux Pty Ltd v Wollongong City Council [2026] NSWLEC 1394
Wollongong City Council · 30 June 2026
Thiyagalingam v Inner West Council [2026] NSWLEC 1393
Inner West Council · 30 June 2026
Encore Australia Management Pty Ltd v Georges River Council [2026] NSWLEC 1396
Georges River Council · 30 June 2026