CSA Architects v Randwick City Council [2004] NSWLEC 179

Land and Environment Court of New South Wales

CITATION : CSA Architects v Randwick City Council [2004] NSWLEC 179 CSA Architects Pty Ltd Applicant PARTIES : Randwick City Council Respondent FILE NUMBER(S) : 11551 of 2003 CORAM: Roseth SC KEY ISSUES: Development Application :- Residential flat building Planning principle for development on small or narrow sites LEGISLATION CITED: CASES CITED: DATES OF HEARING: 19/04/04 DATE OF JUDGMENT: 04/27/2004

Mr P Clay, barrister LEGAL REPRESENTATIVES: Mr J Kildae, barrister

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11551 of 2003

Roseth SC

27 April 2004 CSA Architects Pty Ltd Applicant

v

Randwick City Council Respondent Judgment

Introduction 1 This is an appeal against the refusal by Randwick City Council (the council) of a development application to demolish the existing buildings and construct a residential flat building containing nine dwellings over basement parking on lot X & Y DP 402501, known as 260-260a Maroubra Road, Maroubra.

The site 2 The site is on the north side of Maroubra Road and has a rear frontage to Galvin Street. It has a width of 13.7m and a depth of 67m, with an area of 920m2. It accommodates a pair of single-storey semidetached houses. The adjoining property to the east, No 262, accommodates a three-storey (but four-level) block of flats over parking, the balconies of which come to within 2.5m of the common boundary. The site to the east of that, No 264, is also a three-storey block of flats over basement parking. To the west, the site adjoins two properties: No 258, which has single-storey semi on it, and No 21 Galvin Street, which has a two-storey house. Beyond No 258 to the west is another semi. To the west of that is a three-storey block of flats. 3 The site is thus at the east end of three allotments with single-storey semis between substantial residential flat development.