Keith v Randwick City Council [2025] NSWLEC 1011

Land and Environment Court New South Wales

Medium Neutral Citation: Keith v Randwick City Council [2025] NSWLEC 1011 Date of orders: 14 January 2025 Decision date: 14 January 2025 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application 726/2023 for demolition of existing structures and construction of a three storey dwelling at 49 Mermaid Avenue, Maroubra is determined by the grant of consent subject to the conditions set out in Annexure A. (3) The exhibits are returned except for A, B, 1 and 2. Catchwords: DEVELOPMENT APPEAL – dwelling house - gross floor area calculations – floor space ratio - streetscape impacts – building envelope – bulk - setbacks Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, ss 34AA, 39 Environmental Planning and Assessment Regulation 2021, ss 27, 38 Randwick Local Environmental Plan 2012, cll 2.3, 2.7, 4.4A, 6.2, 6.4, 6.7, 6.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 Ch 2, ss 2.10, 2.11, 4.6 Cases Cited: Chami v Lane Cove Council [2015] NSWLEC 1003 Connoisseur Investments v Sutherland Shire Council [2020] NSWLEC 1181 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Randwick Development Control Plan 2023 Category: Principal judgment Parties: John Keith (Applicant) Randwick City Council (Respondent) Representation: Counsel: Mr M Seymour SC (Applicant) Mr M Astill (Respondent)