NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Casthaven v Randwick City Council [2007] NSWLEC 125
APPLICANT Casthaven Pty Limited PARTIES : RESPONDENT Randwick City Council
FILE NUMBER(S) : 11235 of 2006
CORAM: Brown C
KEY ISSUES: Development Application :- conditions imposed on approval - privacy screens - balcony width
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 28/02/2007
EX TEMPORE JUDGMENT DATE : 28 February 2007
APPLICANT Mr G Fitzgerald, company director
LEGAL REPRESENTATIVES: RESPONDENT Ms T Litt, solicitor SOLICITORS Shaw Reynolds Bowen & Gerathy
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
28 February 2007
11235 of 2006 Casthaven Pty Limited v Randwick City Council
JUDGMENT 1 COMMISSIONER: This is an appeal against conditions imposed by Randwick City Council (the council) on the approval of Development Application 934/06 for alterations and additions to an existing building at 15 Sully Street Randwick (the site). 2 The site contains a two-storey duplex styled double brick dwelling containing two separate dwellings with an attached garage is located on site. The surrounding development provides for a mixture of single and two-storey freestanding and semi-detached dwellings and some multi-unit housing development. 3 The development application provides for the demolition of an existing fibro garage and rear decks and the construction of a new garage with storage beneath to the side of the existing building, new rear ground and first-floor decks and internal alterations to the dwelling. 4 The proceedings were heard as an On Site Hearing on 28 February 2007 and the judgement reflects the contents of the Statement of Basic Facts and the findings given on-site. 5 The applicant originally appealed against conditions 2, 5, 6, and 7 of the council's approval however following discussions between town planners Mr Bruce Goldsmith from the applicant and Mr Perry Head from the council only condition 2 was still at issue. 6 Condition 2 states:
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