41 Robey Pty Ltd v Randwick City Council [2020] NSWLEC 1541

Land and Environment Court New South Wales

Medium Neutral Citation: 41 Robey Pty Ltd v Randwick City Council [2020] NSWLEC 1541 Hearing dates: 29-30 October 2020 Date of orders: 9 November 2020 Decision date: 09 November 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 382/2019 for the demolition of existing structures and construction of a boarding house development across two buildings, is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than exhibits 1, 6, A, B, C and D, are returned. Catchwords: DEVELOPMENT APPLICATION — boarding house development – compatibility with the character of the local area – side setbacks – internal amenity – amenity impacts on adjoining development – impact on the heritage significance of adjoining heritage items Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Randwick Local Environmental Plan 1998 Randwick Local Environmental Plan 2012 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development Cases Cited: Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Building Code of Australia Randwick Development Control Plan 2013 Category: Principal judgment Parties: 41 Robey Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: C McEwen SC (Applicant) A Hudson (Solicitor) (Respondent)