Court grants consent for a fifth Maroubra apartment, two affordable
The Land and Environment Court upheld an appeal on 10 November, granting consent to lift a Maroubra flat building from four to five apartments.
- Source Briefing
- Public record
The Land and Environment Court of New South Wales on 10 November 2026 upheld an appeal against Randwick City Council and granted development consent to add a fifth apartment to a residential flat building at 23 Bona Vista Avenue, Maroubra (Sydney). The orders in [2026] NSWLEC 1749, a Class 1 appeal against Randwick City Council, followed a conciliation conference held on 19 October 2026.
Why it matters
Court documents show the development application (DA/1029/2025) seeks to amend an existing consent, DA/637/2020/A, for alterations and additions to an approved residential flat building. The amendment adds a ground-level studio, taking the building from four apartments to five. Two studios form an affordable housing component, which the judgment puts at 18.4% of the development.
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The proposal also expands and raises the upper-level attic, with minor roof changes, window changes and revised balconies. Basement parking rises from four spaces to five.
The case turned on three departures from development standards, each addressed in a written request under clause 4.6 of the planning instrument. The site is zoned R3 Medium Density Residential, and the judgment records that the use is permissible with consent.
Commissioner E Espinosa recorded that the parties reached an agreement at the conciliation conference. Under section 34(3) of the Land and Environment Court Act, the Court disposed of the appeal on those agreed terms without a merit assessment, and adopted the parties’ reasons.
The numbers
The site area is 371.6 sqm. The Housing SEPP minimum for the relevant provisions is 450 sqm, so the lot falls short of it. The written request on lot size relied on the first two Wehbe tests, using Housing SEPP principles as proxy objectives, and the Court was satisfied.
Gross floor area is 443.7 sqm on the Revision M plans. The floor space ratio is 1.19:1, against a bonus-inclusive standard of 1.17:1. The judgment puts the exceedance at 8.928 sqm, or 2.05%. The base control under the Randwick local environmental plan is 0.9:1, and the affordable housing bonus lifts the applicable standard. The Court was satisfied with the written request on this standard.
Landscaped area is 97.9 sqm, or 26.35% of the site, against a required 111.48 sqm, or 30%. The written request on landscaping was also accepted, with the Apartment Design Guide used as a cross-check.
The bonus-inclusive height limit is 15.6 m, against a base of 12 m. The judgment describes the proposal as well under that limit and does not give an exact height.
Under the orders, the applicant pays the council’s costs thrown away on the Revision M plans, agreed at $4,000 under section 8.15(3) of the Environmental Planning and Assessment Act.
What’s next
Consent is granted to DA/1029/2025 subject to the conditions in Annexure A to the judgment. The judgment requires BASIX compliance by condition. It records no heritage listing and no flood planning area on the site, and finds the land suitable for residential use under the Resilience and Hazards SEPP.
The judgment records no publication restriction. Our earlier coverage of a 69-unit Hornsby appeal upheld by the same court is also available.
Quick answers
What are the key numbers in this story?
apartments: 5; affordable studios: 2; agreed costs: $4,000.
Where does this information come from?
This story cites NSW Caselaw, Land and Environment Court, including the public record (NSW Caselaw, Land and Environment Court). Every source is linked on the page.
On the record
The judgment records an FSR of 1.19:1 against a bonus-inclusive standard of 1.17:1, an exceedance of 8.928 sqm (2.05%), and landscaped area of 97.9 sqm against 111.48 sqm required.
Public record · caselaw.nsw.gov.au
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