Residential Logistics P/L v Randwick CC [2005] NSWLEC 318

Land and Environment Court of New South Wales

CITATION : Residential Logistics P/L v Randwick CC [2005] NSWLEC 318

APPLICANT Residential Logistics Pty Limited PARTIES : RESPONDENT

FILE NUMBER(S) : 11616 of 2004

CORAM: Hoffman C

Dual Occupancy :- Streetscape - Views - Amenities - Height Bulk and Scale - Character - Privacy - Setbacks - Landscaping. KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Randwick Local Environment Plan 1998 Development Control Plan

CASES CITED: Tenacity v Warringah [2004] NSWLEC 140

DATES OF HEARING: 21/04/2005

DATE OF JUDGMENT: 04/22/2005

APPLICANT Mr J. Hones, solicitor of Hones Lawyers

LEGAL REPRESENTATIVES:

RESPONDENT Mr Kildea, barrister instructed by Bowen Gerathy

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

22 April 2005

11616 of 2004 Residential Logistics Pty Limited v Randwick City Council

JUDGMENT 1 This was a class 1 Appeal No. 11616 of 2004 between Residential Logistics Pty Limited and Randwick Council in regard to an attached dual occupancy at No. 109 Victoria Street, Malabar.

2 The site was about 490 sq m in area with about 20 m frontage and 24 m depth. It was rectangular and sloped down from the street towards the north-east and Long Bay.

3 The streets in this locality generally ran along the contour of the hill so there were rows of houses along each street and each row stepped up the hill from the ocean front. The subject site was in the second row of houses from the ocean front. There was an older modest single-storey house on the site. Downhill there was another older modest single-storey house fronting Bay Parade and on both sides were newer and much larger houses that could be described as elevated two-storey.