EACT Pty Ltd v Randwick City Council [2026] NSWLEC 1727
Before: Creagh AC · NSW Land and Environment Court
Summary
This appeal concerns a development application for demolition of the existing structures at 74 St Marks Road Randwick (Lot 6 DP9443) and the construction of a six-storey residential flat building with associated basement parking and landscape works. Pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), on 23 March 2026 the appeal was commenced against the deemed refusal of the application. In exercising the functions of the consent authority in relation to the
Catchwords
APPEAL — development application — residential flat building — low to mid-rise housing — conciliation conference — agreement between the parties — orders
Outcome
The Court orders that: (1) Pursuant to section 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 $10,500 within 28 days of the date these orders are made. (2) The appeal is upheld. (3) Development Application No. DA/1456/2025, as amended, for the demolition of existing buildings/structures, tree removal and construction of a five-storey residential flat building comprising 9 apartments and 2 levels of basement parking containing 13 car parking spaces with associated landscaping works on the land at 74 St Marks Road, Randwick is determined by a 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, 38 Randwick Local Environmental Plan 2012 cll 2.3, 2.7, 4.3, 6.2, 6.4, 6.10, 6.11 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 2.7 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1
Read the full judgment
Authoritative text on NSW Caselaw · ~13k words
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