Harris v Randwick City Council [2026] NSWLEC 1620
Before: Sherry AC · NSW Land and Environment Court
Summary
ENVIRONMENT AND PLANNING — consent — appeal — conciliation conference — s 34 agreement — conditions of consent — cl 4.6 written request
Catchwords
ENVIRONMENT AND PLANNING — consent — appeal — conciliation conference — s 34 agreement — conditions of consent — cl 4.6 written request
Outcome
The Court orders that: (1) The applicant’s written request made pursuant to cl 4.6 of the Randwick Local Environmental Plan 2012 (NSW) (RLEP) seeking a contravention of the maximum floor space ratio standard in cl 4.4 of the RLEP is approved. (2) The appeal is upheld. (3) Development Application DA/20/2026, as amended, proposing alterations to existing approved backpackers’ accommodation at 171 Arden St, Coogee NSW 2034, is determined by the grant of consent subject to the conditions in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 4.17, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Randwick Local Environmental Plan 2012 (NSW), cll 2.3, 4.3, 4.4, 4.6, 5.10, 6.4, 6.7
Read the full judgment
Authoritative text on NSW Caselaw · ~9k words
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