Samavi v Randwick City Council [2024] NSWLEC 1051

Land and Environment Court New South Wales

Medium Neutral Citation: Samavi v Randwick City Council [2024] NSWLEC 1051 Hearing dates: 5 and 6 December 2023 and 9 February 2024 Date of orders: 16 February 2024 Decision date: 16 February 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 427/2022 for alterations and additions to the approved residential flat building, at 29 Stanley Street, Randwick, is determined by the grant of consent, subject to the conditions of consent in Annexure A. (3) The exhibits, other than Exhibits 2 and 5, are returned. Catchwords: DEVELOPMENT APPLICATION – amend a development consent – residential flat building – contravention of the height of buildings development standard – impact on the heritage significance of the adjoining heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Heritage Act 1977 Land and Environment Court Act 1979, ss 34, 39 Randwick Local Environmental Plan 2012, cll 4.3, 4.6, 5.10, Sch 5, Pt 1 State Environmental Planning Proposal (Housing) 2021, s 16 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Mark Zhang v Randwick City Council [2022] NSWLEC 1120 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: Hamid Samavi (Applicant) Randwick City Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant) H Grace (Respondent)