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[2025] NSWLEC 1669
General information, not legal advice.
Land and Environment Court (NSW)
2025-09-16
Harding AC
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Cooper and Mons Pty Ltd V Randwick City Council [2025] NSWLEC 1669
Hearing dates: Conciliation conference on 12 August 2025
Date of orders: 16 September 2025
Decision date: 16 September 2025
Jurisdiction: Class 1
Before: Harding AC
Decision: The Court Orders that:
(1) The Appeal is upheld.
(2) Development Application No DA/901/2024, as amended, for boundary adjustment of two (2) existing Torrens title allotments at 44 Mons Avenue and 44A Mons Avenue (also known as 12 Cooper Lane) Maroubra, is determined by the grant of development consent, subject to the conditions set out in Annexure A.
Catchwords: DEVELOPMENT APPLICATION – Torrens Title Subdivision – Boundary Adjustment - amended plans – conciliation conference – agreement between the parties – orders
Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7
Land and Environment Court Act 1979, s 34
Environmental Planning and Assessment Regulation 2021, s 38
State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6
Randwick Local Environmental Plan 2015, cl 6.10
Category: Principal judgment
Parties: Cooper and Mons Pty Ltd (Applicant)
Randwick Council (Respondent)
Representation: Counsel:
L Nurpuri (Applicant)
J Ede (Solicitor) (Respondent)
Solicitors:
Mills Oakley (Applicant)
Wilshire Webb (Respondent)
File Number(s): 2025/75235
Publication restriction: No
COMMISSIONER: This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by Cooper and Mons Pty Ltd (the Applicant) against the development consent conditions. The Development Consent was issued for Development Application DA/901/2024. The application was lodged with Randwick City Council (the Respondent) on 24 September 2024.
The Development Application sought consent for Torrens title subdivision, to facilitate the boundary adjustment between two residential properties, located at Nos 44 and 44A Mons Avenue, Maroubra. The proposed development is on land legally described as Lots 101 & 102 in DP 1307345.
The Court arranged a conciliation conference between the parties pursuant to s 34 of the of the Land and Environment Court Act 1979 (NSW) (the LEC Act). The conciliation conference commenced on 12 August 2025.
At the conciliation conference, the parties reached an agreement, as to the terms of a decision in the proceedings that would be acceptable to the parties. The proposed decision was to grant Development Consent to the development application subject to agreed outcomes and agreed conditions.
The parties agree that the amendments resolved the contentions before the Court. Pursuant to s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ agreement if the proposed decision, the subject to the agreement, is a decision that the Court could have made in the proper exercise of its functions.
There are jurisdictional prerequisites that must be satisfied before this function can be exercised. The parties have identified the jurisdictional prerequisites of relevance in these proceedings and how they are satisfied. The parties agree that there are no jurisdictional prerequisites in these proceedings which would prevent the Court from exercising its function under s 34(3) of the LEC Act.
As the presiding Commissioner, I am satisfied that the decision to grant Development Consent is one that the Court can make in the proper exercise of its functions (this being the test applied by s 34(3) of the LEC Act). In reaching that state of satisfaction, I note the following:
Pursuant to the Randwick Local Environmental Plan 2012 (RLEP 2012), the subject site is zoned R2 Low Density Residential. Regard has been given to the R2 zone objectives in determining the application.
Pursuant to RLEP cl 6.10 Essential Services - essential services are available to the sites. This includes the imposition of an easement for existing services.
The parties agree that Ch 6 of State Environmental Planning Policy (Biodiversity and Conservation) 2021 applies to the Land. Division 2 of Ch 6 sets out relevant matters which must be considered and/or satisfied prior to the grant of consent. The parties agree that, as the Development Application is for a boundary adjustment only, and proposes no physical works, the proposal is satisfactory. The relevant matters listed in Div 2 of Ch 6 have been considered and there is no impediment to the grant of consent to the proposal. As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required, under s 34(3) of the LEC Act, to dispose of the proceedings in accordance with the parties’ agreement.
I was not required to make, and have not made, an assessment of the merits of the DA against the discretionary matters that arise pursuant to an assessment under s 4.15 of the EPA Act.
The Court notes that:
Randwick City Council, as the relevant consent authority, has agreed, under s 38(1) of the Environmental Planning and Assessment Regulation 2021, to the Applicant amending the development application No DA/901/2024 and the supporting documents, the subject of these proceedings, in accordance with the documents listed in the table below.
| TAB | DOCUMENT | DATE | | 1. | Amended Draft Subdivision Plan (Rev B), prepared by Technik Haus A102 | 12 August 2025 |
The Court Orders that:
The appeal is upheld.
Development Application No DA/901/2024, as amended, for boundary adjustment of two (2) existing Torrens title allotments at 44 Mons Avenue and 44A Mons Avenue (also known as 12 Cooper Lane) Maroubra, is determined by the grant of development consent, subject to the conditions set out in Annexure A.
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Annexure A