Whitehall Property Services Pty Ltd v Randwick City Council [2021] NSWLEC 1762

Land and Environment Court New South Wales

Medium Neutral Citation: Whitehall Property Services Pty Ltd v Randwick City Council [2021] NSWLEC 1762 Hearing dates: 12 and 13 October 2021, site inspection on 4 November 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development application no DA/571/2019 for a vertical living garden and integrated digital advertising sign on lot 100 DP 1156327 and Lot 1 DP 104068 known as Nos 305 and 307 Anzac Parade Kingsford is determined by the grant of development consent subject to the conditions in Annexure A. (3) The exhibits are returned, except for exhibits B, C and D. Catchwords: APPEAL – vertical living garden and integrated digital advertising sign – refusal of development consent – whether compatible with desired amenity and visual character of the area – whether proposed development exhibits design excellence – precedent – compatibility with zone objectives Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.10, 8.15 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Randwick Local Environmental Plan 2012 Land and Environment Court Act 1979, s 34 Roads Act 1993 State Environmental Planning Policy No 64 – Advertising and Signage, cll 3, 8, 13, 17, 18, 22, Sch 1 Cases Cited: Aloke Holdings Pty Ltd v City of Sydney Council [2019] NSWLEC 1177 Cittrus Pty Ltd v Inner West Council [2019] NSWLEC 1558 Goldin v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101; [2002] NSWLEC 75 Madss Properties No 2 Pty Ltd ATF Newtown Property Trust (No 2) v Blacktown City Council [2019] NSWLEC 126 MGT 6 Pty Ltd v City of Sydney Council [2017] NSWLEC 1211 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Whitehall Property Services Pty Limited v Randwick City Council [2019] NSWLEC 19 Texts Cited: Randwick City Council, Planning Strategy – Kensington and Kingsford Town Centres (December 2019) Randwick Comprehensive Development Control Plan 2013 NSW Department of Planning and Environment, Transport Corridor Outdoor Advertising and Signage Guidelines, (November 2017) Category: Principal judgment Parties: Whitehall Property Services Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: I Hemmings SC with T Poisel (Applicant) A Seton (Solicitor) (Respondent)