Godwin v Randwick City Council [2005] NSWLEC 568

Land and Environment Court of New South Wales

CITATION : Godwin v Randwick City Council [2005] NSWLEC 568

APPLICANT Paula Margaret Godwin PARTIES : RESPONDENT Randwick City Council

FILE NUMBER(S) : 10756 of 2005

CORAM: Tuor C

Development Application :- Spa pool noise and visual impact

KEY ISSUES:

Randwick Local Environmental Plan 1998 LEGISLATION CITED: Swimming Pools Act 1912

DATES OF HEARING: 29/09/2005 EX TEMPORE JUDGMENT DATE : 09/29/2005

APPLICANT Ms J Hold of Verekers Solicitors LEGAL REPRESENTATIVES:

RESPONDENT Ms A Bowen of Bowen & Gerathy Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

29 September 2005

10756 of 2005 Paula Margaret Godwin v Randwick City Council

JUDGMENT

1 This is an appeal against the refusal by Randwick City Council (the council) of a development application (203/2004) for a spa pool on the front terrace of 172 Beach Street, Coogee (the site). 2 The proceedings were conducted as an On Site Hearing. A description of the site, its context and the history of the application are contained in the Statement of Basic Facts. 3 No written expert evidence was tendered but planning evidence was heard on the site from Ms L Ozog, for the council, and Mr A Smith, for the applicant. Mr S Poidevin and Ms R Fahlstrom of 170 Beach Street and Mr A Stephenson of 174 Beach Street provided resident evidence. 4 The site is zoned residential 2(c) under Randwick Local Environmental Plan 1998 (LEP 1998). The proposal is permissible with consent. Spa pools 900 mm away from a boundary are exempt development and do not require consent under LEP 1998. The Dwelling House and Attached Dual Occupancy Development Control Plan (the DCP) applies to the site. 5 Neither LEP 1998 nor the DCP have specific controls that relate to spa pools or swimming pools. Section 4.5 of the DCP relates to visual and acoustic privacy. Its objective is: