NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Emcon Group Pty Ltd v Randwick City Council (No 2) [2021] NSWLEC 1549 Hearing dates: 9 – 10 August 2021 Date of orders: 30 September 2021 Decision date: 30 September 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to DA/465/2020 for demolition of existing structures and construction of a part 3 and part 4 storey residential flat building containing 3 apartments, ground level parking, landscaping and associated works at 132 Marine Parade, Maroubra subject to conditions of consent at Annexure 'A'. (3) Exhibits 1, 2, and F are returned. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – external wall height – view loss – view sharing – neighbour impacts – alternative designs Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Randwick Local Environmental Plan 2012 cll 4.3, 4.4 State Environmental Planning Policy No 55—Remediation of Land cll 7 Cases Cited: Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Randwick Comprehensive Development Control Plan 2013 Category: Principal judgment Parties: Emcon Group Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: R White (Applicant) M Harker (Respondent)
Solicitors: Madison Marcus Law Firm (Applicant) Randwick City Council (Respondent) File Number(s): 2020/350474 Publication restriction: No
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