Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23:

1.COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application DA/62/2025. The DA seeks development consent for demolition of existing structures, Torrens title subdivision into two lots and construction of two semi-detached dwellings with car parking and associated works (DA) at 260 Clovelly Road, Coogee (site) (Lot 6 in DP 8781).

2. The Court notes that the Respondent, as the relevant consent authority, has approved under s 38 of the Environmental Planning and Assessment Regulation 2021 (NSW) (EPA Regulation) to the Applicant amending development application DA/62/2025 in accordance with the documents listed below (amended DA):

1) Architectural Drawings prepared by Anna Antoniades Architecture and dated July 2025:

a) 1056-DA-00: Cover Page and BASIX Commitments Rev B

b) 1056-DA-01: Roof/Site Plan Rev B

c) 1056-DA-02: Ground Floor Plan Rev B

d) 1056-DA-03: First Floor Plan Rev B

e) 1056-DA-04: East Elevation Rev B

f) 1056-DA-05: North & Clovelly Road Elevation Rev B

g) 1056-DA-06: West Elevation Rev B

h) 1056-DA-07: South & Dans Ave Elevations Rev B

i) 1056-DA-08: Section A-A Rev B

j) 1056-DA-09: DA Controls Rev B

k) 1056-DA-10: Street and East Elevation Finishes Rev B

i) 1056-DA-11: Clovelly Road Streetscape Elevation Rev A

2) Landscape Plans prepared by Conzept Landscape Architects dated 2 July 2025 and all Rev C:

a) LPDA 25-140 01 Hardscape Plan

b) LPDA 25-140 02 Landscape Plan

c) LPDA 25-140 03 Details

d) LPDA 25-140 04 Planting Palette

e) LPDA 25-140 05 Specification

3. Stormwater Management Plans prepared by E2 Civil and Structural Design and dated 03 July 2025:

a) 21.182 SW1 Roof Drainage Plan Rev E

b) 21.182 SW2 Ground Floor Drainage Plan, Sections and Details Rev F

4) Shadow Diagrams prepared by CAD Draft P/L dated 26 June 2025, all Rev B.

5) (Solar Access Diagrams prepared by CAD Draft P/L dated 26 June 2025, all Rev B.

6) BASIX Certificate No. 1753325M_03 dated 03 July 2025

7) Clause 4.6 Variation Request: Variation to Minimum Lot Size Development Standard prepared by Martens & Associates Pty Ltd and dated 4 July 2025

3. The Court arranged a conciliation conference under s 34AA of the Land and Environment Court Act 1979 (NSW) (LEC Act) between the parties, which was held on 18 July 2025. I presided over the conciliation conference.

4. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court upholding the appeal for the amended DA and granting development consent to the amended DA subject to conditions. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1982b3675c526936431ff8db)

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