Tanti v Randwick City Council [2024] NSWLEC 1073

Land and Environment Court New South Wales

Medium Neutral Citation: Tanti v Randwick City Council [2024] NSWLEC 1073 Hearing dates: 21 November 2023 Date of orders: 23 February 2024 Decision date: 23 February 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No. DA/677/2022 for demolition of the existing structures and the construction of an attached dual occupancy with two basement garages, a swimming pool, landscaping and associated works at 59 Tunstall Avenue, Kingsford, is refused. (3) The exhibits are returned with the exception of Exhibits A, B, C and 3. Catchwords: DEVELOPMENT APPLICATION – attached dual occupancy – amended plans – streetscape – primary frontage – amenity Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34AA Randwick Local Environmental Plan 2012, cll 2.3, 4.1C, 4.6 Texts Cited: Randwick Development Control Plan 2023 Category: Principal judgment Parties: David Victor Tanti (Applicant) Randwick City Council (Respondent) Representation: Counsel: J Farrell (Applicant) A Seton (Solicitor)(Respondent)

Solicitors: McKees Legal Solutions (Applicant) Marsdens Law Group (Respondent) File Number(s): 2023/149408 Publication restriction: Nil

Judgment 1. COMMISSIONER: This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) by David Victor Tanti (Applicant) against the Respondent's refusal of Development Application No. DA/677/2022 lodged with Randwick City Council on 28 December 2022. The application was determined by way of refusal on 18 April 2023. 2. The development application seeks development consent for demolition of the existing structures and the construction of an attached dual occupancy building with two basement garages, a swimming pool, landscaping and associated works. The site is identified as Lot 469 in DP 10752 and has a street address of 59 Tunstall Avenue, Kingsford. 3. The Court arranged a conciliation conference between the parties, under s 34AA(2) of the Land and Environment Court Act 1979, which was held on 20 November 2023. An agreement between the parties was not reached and therefore the conciliation conference was terminated and the matter proceeded to hearing on 21 November 2023. I presided over the hearing and this judgment reflects the outcomes of that process. 4. I have concluded, for the reasons set out below, that the merits of the matter warrant the appeal being dismissed, and consequently, that the development application should be determined by way of refusal.