Hayek v Randwick City Council [2024] NSWLEC 1631

Land and Environment Court New South Wales

Medium Neutral Citation: Hayek v Randwick City Council [2024] NSWLEC 1631 Hearing dates: 15, 16 August 2024 Date of orders: 09 October 2024 Decision date: 09 October 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application no DA/132/2023 for the demolition of an existing residential flat building and construction of a four-storey residential flat building containing four units, basement parking and related landscaping at Lot 8 In Deposited Plan 8843, known as 21 Baden Street Coogee, is refused consent. (3) The exhibits are returned, except for Ex B, G, 2 and 4. Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures and construction of a residential flat building – exceedance of the height of buildings standard – exceedance of the floor space ratio standard – amenity of adjoining properties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.6, 4.15, 8.7, 8.10, 8.11 Land and Environment Court Act 1979, ss 17, 34, 39 Randwick Local Environmental Plan 2012 (Amendment No 9) Randwick Local Environmental Plan 2012, Sch 5, cll 1.8A, 4.3, 4.4, 4.6, 5.10, 6.2, 6.4, 6.7, 6.10, 6.11 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.11, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Cases Cited: Bettar v Council of the City of Sydney [2014] NSWLEC 1070 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Merman Investments Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1582 Randwick v Micaul Holdings (2016) 225 LGERA 94; [2016] NSWLEC 7 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: Joseph Hayek (First Applicant) Karen Hayek (Second Applicant) Randwick City Council (Respondent) Representation: Counsel: N Hammond and A Hannam (Applicants) A Seton (Solicitor) (Respondent)