CE Coogee Development Pty Ltd v Randwick City Council [2021] NSWLEC 1125

Land and Environment Court New South Wales

Medium Neutral Citation: CE Coogee Development Pty Ltd v Randwick City Council [2021] NSWLEC 1125 Hearing dates: 24 February 2021 Date of orders: 16 March 2021 and amended on 18 March 2021 Decision date: 16 March 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Modification application DA/138/2019/A as approved on 18 November 2020 to modify Development Consent DA/138/2019, is approved, subject to the deletion of Condition 2(b). (3) All exhibits are returned, except for Exhibit 1. (4) Development Consent DA/138/2019 is subject to the consolidated, modified conditions of consent set out in Annexure "A". Catchwords: MODIFICATION APLICATION – appeal against imposition of condition – whether substantially the same development – visual privacy – daylight and ventilation Legislation Cited: Architects Act 1921 Architects Act 2003 Environmental Planning and Assessment Act 1979 ss 4.15, 4.55, 8.9 Environmental Planning and Assessment Regulation 2000 cll 3, 115 Randwick Local Environmental Plan 2012 Texts Cited: Apartment Design Guide Randwick Development Control Plan 2013 Category: Principal judgment Parties: CE Coogee Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: R White (Applicant) S Patterson (Solicitor) (Respondent)