Barel v Randwick City Council [2022] NSWLEC 1176

Land and Environment Court New South Wales

Medium Neutral Citation: Barel v Randwick City Council [2022] NSWLEC 1176 Hearing dates: 21, 22 February 2022 Date of orders: 5 April 2022 Decision date: 05 April 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed (2) Development Application 551/2020 at 5 Dacre Street Malabar, for demolition of existing structures and construction of a two storey attached dual occupancy development with one dwelling fronting Dacre Lane and one fronting Dacre Street is determined by way of refusal. (3) Exhibits are returned with the exception of Exhibit A, B, L and 2 Catchwords: DEVELOPMENT APPLICATION – Dual occupancy development – site planning and form of dual occupancy – whether the excavation proposed is acceptable – sufficiency of evidence – site suitability – character. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Interpretation Act 1987, ss 5, 30 Land and Environment Court Act 1979, s 34AA Randwick Local Environmental Plan 2012, cll 2.3, 2.7, 4.1, 4.3, 4.4, 6.1, 6.2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy No 55-Remediation of Land, cl 7 Cases Cited: Australian Protein Recyclers Pty Limited v Goulburn Mulwaree Shire Council [2006] NSWLEC 641 Connoisseur Investments Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1181 HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: Michael Barel (Applicant) Randwick City Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) S Flannigan (Respondent)