Carter v Randwick City Council [2025] NSWLEC 1047

Land and Environment Court New South Wales

Medium Neutral Citation: Carter v Randwick City Council [2025] NSWLEC 1047 Hearing dates: 11 October 2024 Date of orders: 29 January 2025 Decision date: 29 January 2025 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders: (1) The appeal is dismissed. (2) Development Application DA/57/2023 seeking development consent for the demolition of existing structures and construction of a two-storey attached dual occupancy on land legally described as Lot 2668 DP 752015, being 181 Franklin Street, Chifley, is refused. Catchwords: DEVELOPMENT APPEAL – orders – weight to be placed on development control plan – impact on streetscape Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Amendment Act 2012 Land and Environment Court Act 1979, s 34AA Randwick Local Environmental Plan 2012, cll 1.2, 1.8A, 2.2, 2.3, 2.7, 4.1, 4.1C, 4.3, 4.4, 4.6, 6.2, 6.4, 6.10 Cases Cited: CCS Design Pty Ltd trading as Knight Mapleton Design Partners v Central Coast Council [2024] NSWLEC 1067 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: Department of Planning and Environment, Explanation of Intended Effect: Changes to create low-and mid-rise housing, 2023 New South Wales Department of Planning and Infrastructure, Planning Circular PS 13-003 Proclamation of certain provisions of the EP&A Amendment Act 2012, 2013 Randwick Development Control Plan 2013 Category: Principal judgment Parties: Jonathan Carter (First Applicant) Jan Carter (Second Applicant) Randwick City Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)