Dugandzic v Randwick City Council [2023] NSWLEC 1319

Land and Environment Court New South Wales

Medium Neutral Citation: Dugandzic v Randwick City Council [2023] NSWLEC 1319 Hearing dates: 14-15 December 2022, 15 March 2023 Date of orders: 21 June 2023 Decision date: 21 June 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No 172/2022, for a mixed-use development at 6, 8 and 10 Bowral Street, Kensington, is refused. (3) The exhibits, other than 1 and 6, are returned. Catchwords: DEVELOPMENT APPLICATION – mixed use development – exceedance of the height of buildings development standard – design excellence Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, ss 34, 39 Randwick Local Environmental Plan 2012, cll 4.3, 4.6, 5.10, 6.2, 6.8, 6.11, 6.14, 6.17, 6.20 Cases Cited: Toga Addison Pty Ltd atf Toga Addison Unit Trust v Randwick City Council [2021] NSWLEC 1580 Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Randwick Comprehensive Development Control Plan 2013 Category: Principal judgment Parties: Darijo Dugandzic (Applicant) Randwick City Council (Respondent) Representation: Counsel: M Wright SC (Applicant) A Seton (Solicitor) (Respondent)