Woodbridge v Randwick City Council [2023] NSWLEC 1472

Land and Environment Court New South Wales

Medium Neutral Citation: Woodbridge v Randwick City Council [2023] NSWLEC 1472 Hearing dates: 14 July 2023 Date of orders: 23 August 2023 Decision date: 23 August 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA 592/2022 for alterations and additions to an approved new dwelling at 7 Inman Street, Maroubra, is determined by the grant of development consent subject to the conditions set out in Annexure A. (3) The exhibits, apart from Exhibit 3, are returned. Catchwords: DEVELOPMENT APPLICATION – dwelling house – amended plans – view loss – privacy. Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7, Land and Environment Court Act 1979, s 34AA Randwick Local Environmental Plan 2012, cll 2.3, 4.3, 6.4, 6.7, 6.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards), s 4.6 Cases Cited: Tenacity Consulting v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: Dean Joseph Woodbridge (First Applicant) Yasmin Noni Woodbridge (Second Applicant) Randwick City Council (Respondent) Representation: Counsel: A Pickles SC (Applicants) M Astill (Respondent)