Appel v Randwick City Council [2024] NSWLEC 1652

Land and Environment Court New South Wales

Medium Neutral Citation: Appel v Randwick City Council [2024] NSWLEC 1652 Hearing dates: 29 and 30 July 2024 Date of orders: 16 October 2024 Decision date: 16 October 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The appeal is dismissed. (2) The exhibits, other than 5, 8, and C, are returned. Catchwords: APPEAL – development application – attached dwellings – streetscape – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 Randwick Local Environmental Plan 2012, cll 2.2, 4.1, 4.3, 4.4, 4.6, 5.10, Sch 5 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: Jeffrey Appel (First Applicant) Freya King (Second Applicant) Randwick City Council (Respondent) Representation: Counsel: N Eastman SC (First and Second Applicant) M Astill (Respondent)

Solicitors: Tyrrells Planning Law (First and Second Applicant) Randwick City Council (Respondent) File Number(s): 2023/221487 Publication restriction: Nil

JUDGMENT 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act), brought by Jeffrey Appel and Freya King (First and Second Applicant respectively, together the Applicant), against the deemed refusal of Development Application DA 4/2023 (the DA) by Randwick City Council (the Respondent). 2. At the date of its lodgment on 16 January 2023, the DA sought consent for: 1. Demolition of existing structures, comprising two detached houses. 2. Construction of four attached residential dwellings, each part two- and part three-storeys in height, each with two off-street parking spaces, and associated works. 3. Torrens title subdivision of two existing lots into four. 1. The proposed development is situated at 19-21 Dolphin Street Randwick and is legally described as Lots 17 and 17A in DP858 (the site). 2. Prior to the hearing, on 21 May 2024 the Court granted leave to the Applicant to amend the DA, and on 24 July 2024 again granted leave to the Applicant to further amend the DA. 3. The final amended DA remains similar in most aspects as the original DA - being four attached residential dwellings, each part two-storey and part three-storeys in height, each with shared driveway access and on grade car-parking space, each with a car lift and associated basement parking - but incorporates a number of design changes intended to resolve, or reduce the number of, the Respondent's contentions. 4. The amended architectural plans have been prepared by FMB Architects (now marked as latest Revision 7 and with a latest date of 13 July 2024). These architectural drawings form a portion of Exhibit C in these proceedings and are the subject of the appeal.