Architectus Sydney Pty Limited v Randwick City Council [2004] NSWLEC 450

Land and Environment Court of New South Wales

CITATION : Architectus Sydney Pty Limited v Randwick City Council [2004] NSWLEC 450 revised - 18/08/2004 APPLICANT: PARTIES : Architectus Sydney Pty Limited RESPONDENT: Randwick City Council FILE NUMBER(S) : 11593 of 2003 CORAM: Watts C at 1 KEY ISSUES: Development Application :- Whether the objection under SEPP 1 regarding the non-compliance with the building height requirements of the RLEP is well founded - Whether the bulk form scale and design of the proposed building will have an adverse impact on the visual amenity of the surrounding locality and streetscape - Whether the proposal is of good design having regard to the design quality principles contained in SEPP65. LEGISLATION CITED: Randwick Local Environmental Plan 1998, (RLEP) - Randwick Development Control Plan - Parking, (PDCP) - State Environmental Planning Policy No 65 - Residential Flat Buildings, (SEPP 65) - State Environmental Planning Policy No 1 - Development standards, (SEPP1) - Environmental Planning and Assessment Act ss 79C and 97 CASES CITED: Winten Property Group Limited -v- North Sydney Council, NSWLEC 46, 6 April 2001 - Hooker Corporation Pty Limited v Hornsby Shire Council (NSWLEC, 2 June 1986, unreported) DATES OF HEARING: 12/08/2004, 13/08/2004 DATE OF JUDGMENT: 08/18/2004

APPLICANT: Dr S Berveling, barrister, instructed by Mr J Lloyd, solicitor SOLICITORS: John Lloyd & Co LEGAL REPRESENTATIVES: RESPONDENT: Mr A Pickles, barrister, instructed by Ms A Bowen, solicitor SOLICITORS: Bowen and Gerathy