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Class 1 — Merit appeal Randwick City Council 19 May 2026

Troon Property Holdings Pty Ltd v Randwick City Council [2026] NSWLEC 1285

Before: Targett C · NSW Land and Environment Court

Density / Bulk & ScaleTrees / LandscapingConciliation / AgreementSubdivision

Summary

this appeal, (Mod DA/231/2023/A) made under s 4.55(2) of the EPA Act, seeks to modify condition 8 of the Original Consent (Modification Application). The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (NSW) (LEC Act). The Modification Application On 11 December 2025, the Modification Application was lodged with the Land and Environment Court under s 4.55(8) of the EPA Act.

Catchwords

APPEAL – Modification application – modification of condition imposed on the grant of consent – conciliation conference – agreement between the parties – orders

Outcome

The Court orders that: (1) The appeal is upheld. (2) Development Consent No. DA/231/2023, which was originally granted by the Land and Environment Court on 25 February 2025 (Troon Property Holdings Pty Ltd v Randwick City Council (No 2) [2025] NSWLEC 1103), is modified by the Court in the terms in Annexure A. (3) Development Consent No. DA/231/2023 as modified by the Court is set out in Annexure B.

Legislation cited

Biodiversity Conservation Act 2016 (NSW), Pt 7, Div 4, s 7.17 Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.55 Land and Environment Court Act 1979 (NSW), ss 17, 34   Environmental Planning and Assessment Regulation 2021 (NSW), s 113 Randwick Local Environmental Plan 2012 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.8, 4.6

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