Knudsen v Randwick City Council [2006] NSWLEC 193

Land and Environment Court of New South Wales

CITATION : Knudsen v Randwick City Council [2006] NSWLEC 193

APPLICANT Russell Knudsen and Anne Knudsen PARTIES : RESPONDENT Randwick City Council

FILE NUMBER(S) : 10502 of 2005

CORAM: Brown C

KEY ISSUES: Development Application :- alterations and additions to an existing dwelling - loss of solar access - character/streetscape

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

DATES OF HEARING: 01/02/06, written submissions 12/04/06

DATE OF JUDGMENT: 04/21/2006

APPLICANT Mr K Webber, solicitor SOLICITORS Wilshire Webb

LEGAL REPRESENTATIVES: RESPONDENT Mr A Pickles, barrister Ms T Litt, solicitor SOLICITORS Bowen & Gerathy

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

21 April 2006

10502 of 2005 Russell Knudsen and Anne Knudsen v Randwick City Council

JUDGMENT 1 COMMISSIONER: This is an appeal the refusal of Development Application 1096/04 by Randwick City Council (the council) for alterations and additions to an existing dwelling at 29 Park Avenue Randwick (the site).

2 The proceedings were heard as an On Site Hearing on 1 February 2006 however an adjournment was granted for the preparation of amended plans and new shadow diagrams. These plans were filed on 31 March 2006 and are marked Exhibit E. The parties given until 12 April 2006 to make any further submissions, including amended draft conditions. The amended draft conditions were filed on 12 April 2006 and are marked Exhibit 7. The site 3 The site is Lot 1 in DP 219956. It has an approximate frontage of 9.215 metres and an approximate depth of 40.75 metres. The survey plan shows a total site area of 389.3 square metres. There is a fall from the rear towards the street frontage with the dwelling located above footpath level. The existing dwelling is single storey with an outbuilding in the rear yard.