Zhang v Randwick City Council [2022] NSWLEC 1386

Land and Environment Court New South Wales

Medium Neutral Citation: Zhang v Randwick City Council [2022] NSWLEC 1386 Hearing dates: 14, 15 and 16 March 2022 Date of orders: 20 July 2022 Decision date: 20 July 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: In the proceedings 2021/54279: The Court orders: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application for development consent. (2) The appeal is upheld. (3) Development application No. 619/2020 for the demolition of the existing structures and construction of a 4-storey residential flat building comprising 4 apartments with basement parking at 3 Llanfoyst Street, Randwick legally described as Lot 2, DP 449211 is determined by granting consent to the application subject to the conditions in Annexure A. (4) All exhibits are to be retained. In the proceedings 2021/54315: The Court orders: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application for development consent. (2) The cl 4.6 written request justifying the contravention of development standard is upheld. (3) The appeal is upheld. (4) Development application No. 718/2020 for the demolition of the existing structures and construction of a 4-storey residential flat building comprising 4 apartments with basement parking at 4 Llanfoyst Street, Randwick legally described as Lot 1, DP 449211 is determined by granting consent to the application subject to the conditions in Annexure B. (5) All exhibits are to be retained. Catchwords: DEVELOPMENT APPEAL – residential flat building – setback and building separation - streetscape – view sharing - orders DEVELOPMENT APPEAL – residential flat building – setback and building separation – cl 4.6 written request to justify contravention of maximum building height development standard - streetscape – view sharing - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Randwick Local Environmental Plan 2012, cl 2.3, 4.3, 4.6, 6.2 Cases Cited: Bettar v Council of the City of Sydney [2014] NSWLEC 1070 Commonwealth Oil Refineries Ltd v North Sydney Municipal Council 9195970 2 LGRA 217(1957) 2 LGRA 217 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Ozone Cronulla Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1133 Project Venture Developments Pty Ltd v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Tenacity Consulting v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Wehbe v Pitwatter Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Wright v Manly Municipal Council (1958) 4 LGRA 29 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, (July 2015) Randwick Development Control Plan 2013 Category: Principal judgment Parties: Mark Zhang (Applicant) Randwick City Council (Respondent) Representation: Counsel: T Hale (Applicant) S Flanigan (Respondent)