Lasky D and Milston J v Randwick City Council [2004] NSWLEC 202

Land and Environment Court of New South Wales

CITATION : Lasky D and Milston J v Randwick City Council [2004] NSWLEC 202 APPLICANTS David Lasky and John Milston PARTIES : RESPONDENT Randwick City Council FILE NUMBER(S) : 11184 of 2003 CORAM: Tuor C. Development Application :- Alterations and additions to an existing residential flat building KEY ISSUES: Existing use rights impact on residential amenity height bulk and scale Environmental Planning and Assessment Act LEGISLATION CITED: Local Government Act 1919 Randwick Local Environmental Plan 1998 CASES CITED: DATES OF HEARING: 25 - 26/02/2004 EX TEMPORE 02/27/2004 JUDGMENT DATE :

APPLICANTS Mr C McEwen, barrister SOLICITORS Kasim and Associates

LEGAL REPRESENTATIVES: RESPONDENT Mr M Fraser, barrister SOLICITORS Bowen & Gerathy

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11184 of 2003 Tuor C 27 February 2004 Lasky D and Milston J Applicant

v Randwick City Council Respondent Judgment

1. This is an appeal against the refusal by Randwick City Council (council) of a development application for alterations and additions to an existing residential flat building at 53 Helena Street, Randwick. The background to the proposal and a detailed description of the site and its context is contained in the statements of evidence of Mr King, for the council, and Mr Player, for the applicant.