The NSW Land and Environment Court has approved a mixed-use development at 6-10 Bowral Street, Kensington. This decision follows an appeal by Landmax Development Kensington PL against Randwick City Council’s refusal of the application. The approval allows for the construction of a ten-storey shop top housing development and a part-six, part-eight storey residential flat building. The project also includes basement parking, a shared-way, and landscaping.
Randwick City Council initially rejected the proposal due to concerns about building height, environmental impact, and planning compliance. However, following design modifications and negotiations, the Court found the development acceptable. The approval includes a Voluntary Planning Agreement (VPA), ensuring that the project contributes to local infrastructure and public amenities.
Development Features
The approved development consists of:
- A ten-storey shop top housing building (Building A) and a six-to-eight storey residential flat building (Building B).
- 34 residential apartments, with one-, two-, three-, and four-bedroom options.
- A commercial space on the ground floor to create an active frontage on Bowral Street.
- A shared pedestrian and vehicular through-site link, designed to integrate with future developments.
- Two basement levels with 50 parking spaces, including resident, visitor, and commercial parking.
- Landscaped communal open spaces, deep soil areas, and a green roof.
The development aligns with the Kensington Town Centre revitalisation strategy. It supports the growing demand for housing and commercial spaces in well-connected areas, particularly near public transport and retail hubs.
Why Randwick City Council Rejected the Proposal
Randwick City Council refused Development Application DA/208/2024 due to concerns about height non-compliance, traffic impact, and strategic planning alignment.
- The proposal exceeded the 19m height limit in certain areas, with a 9.1% variation. While the ten-storey building complied with the alternative 31m height control, the Council argued that further justification was needed.
- The project met the classification of a “traffic-generating development” under State Environmental Planning Policy (SEPP) (Transport and Infrastructure) 2021. This required an additional assessment of parking and road network impact.
- The site required contamination investigations under SEPP (Resilience and Hazards) 2021. The Council also raised stormwater management concerns.
- Local residents submitted objections, citing concerns about density, overshadowing, and neighbourhood character impacts.
Additionally, the Council questioned whether the public benefits offered in exchange for increased height and floor space were sufficient.
Court Decision: Approval with Conditions
After reviewing the case, the NSW Land and Environment Court approved the development. The Court ruled that:
- The height exceedance was minor and justifiable, mainly due to roof services and lift overruns.
- The Voluntary Planning Agreement (VPA) provided sufficient community benefits to warrant additional building height.
- The design modifications addressed concerns related to privacy, overshadowing, and public space activation.
- The development aligned with strategic planning objectives, particularly its proximity to public transport and employment hubs.
The ruling reflects broader urban planning trends that support high-density, mixed-use developments in key locations.
Voluntary Planning Agreement (VPA): Public Benefits and Contributions
The Voluntary Planning Agreement (VPA) between Landmax Development Kensington PL and Randwick City Council ensures that the development contributes to community infrastructure.
Monetary Contribution
Landmax will pay $167,722.50 under the Community Infrastructure Contribution. This amount is calculated based on additional floor space exceeding the 21m height limit. Payment must be made before the Construction Certificate is issued.
Works-In-Kind Contributions
Instead of providing only a financial contribution, Landmax will also deliver public infrastructure works, including:
- Duke & Bowral Street Public Domain Upgrade – This involves landscaping improvements and pedestrian infrastructure upgrades.
- Green Grid Links – These improvements will enhance connectivity for pedestrians and cyclists.
If Landmax cannot deliver these works, an equivalent monetary contribution will replace them. The final cost and scope will be confirmed through discussions with the Council.
Affordable Housing Contribution
Separately, the development will provide an affordable housing contribution equivalent to 5% of the total residential floor area. This requirement is distinct from the VPA but remains a condition of approval.
Legal and Administrative Requirements
- The VPA must be registered on the property title before construction starts.
- Landmax is responsible for all legal and administrative costs related to the negotiation and execution of the agreement.
Project Team
A range of industry professionals contributed to the planning and approval process:
- Developer: Landmax Development Kensington PL
- Urban Planner: Planning Ingenuity Pty Ltd
- Architects: D-Studio Architects
- Traffic Consultant: Varga Traffic Planning
- Geotechnical Engineers: EI Australia
- Waste Management Consultant: Elephants Foot
- Landscape Architect: Ground Ink
- Arborist: Advanced Treescape Consulting
Next Steps for Development
Following the approval, the next phase includes:
- Finalising the VPA – Landmax and the Council will confirm public domain works and financial contributions.
- Obtaining Construction Certificates – The developer must secure necessary approvals before starting work.
- Delivering Public Works – The Duke & Bowral Street upgrade and Green Grid Links must be completed before occupation.
- Monitoring Compliance – The Council will oversee the development process to ensure all conditions of approval are met.
This project represents a key milestone in the Kensington Town Centre redevelopment, bringing new housing, commercial space, and infrastructure improvements to the area.
Conclusion: A Significant Development for Kensington
The NSW Land and Environment Court’s approval of the development at 6-10 Bowral Street, Kensington is a significant moment for Randwick City’s urban planning. The ruling confirms that the project aligns with local planning strategies while also contributing to public infrastructure through the Voluntary Planning Agreement (VPA).
This decision highlights the importance of balancing urban growth with community benefits. By integrating high-density housing, retail spaces, and public domain improvements, the development supports Randwick’s broader vision for Kensington’s future.
For more details, search the application number DA/208/2024 on the Randwick City Council website.
