Dolphin Street Pty Ltd v Randwick City Council [2026] NSWLEC 1260
Before: Gray C · NSW Land and Environment Court
Summary
This appeal concerns a development application for alterations and additions to an approved multi dwelling housing development including the construction of a new level (4th storey) comprising two (2) residential units and change of use to a residential flat building on the land at 18 Dolphin Street, Randwick. The development application was lodged with the respondent on 21 August 2025. Following the expiry of the period after which a development application is deemed to be refused, the applican
Catchwords
APPEAL – development application – amending application – change of use to residential flat building – conciliation conference – agreement reached – orders made
Outcome
The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of the amendments to the development application, in the agreed amount of $10,000, within 21 days of the date these orders are made. (3) Development Application No. DA/872/2025, as amended, alterations and additions to an approved multi dwelling housing development including construction of a new level (4th storey) comprising two (2) residential units and change of use to a residential flat building on the land at 18 Dolphin Street, Randwick is determined by the grant of consent subject to conditions contained in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 29, 35B, 37, 38 Randwick Local Environmental Plan 2012, cll 4.6, 6.2, 6.4, 6.10, 6.11 State Environmental Planning Policy (Housing) 2021, Ch 4, Ch 6, ss 147, 176, 177, 180 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1
Read the full judgment
Authoritative text on NSW Caselaw · ~14k words
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