Gray Property Investment Pty Ltd v Randwick City Council [2009] NSWLEC 1334

Land and Environment Court of New South Wales

CITATION : Gray Property Investment Pty Ltd v Randwick City Council [2009] NSWLEC 1334

APPLICANT Gray Property Investment Pty Ltd PARTIES : RESPONDENT Randwick City Council

FILE NUMBER(S) : 10446 of 2009

CORAM: Brown C

KEY ISSUES: MODIFICATION APPLICATION :- construction of two steel framed balconies at the street frontage elevation and the replacement of four existing windows - privacy/overlooking

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

CASES CITED: Pafburn v North Sydney Council [2005] NSWLEC 444

DATES OF HEARING: 2 October 2009

DATE OF JUDGMENT: 9 October 2009

APPLICANT Mr A Whealy, solicitor SOLICITORS Gadens LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITORS Marsdens

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

9 October 2009

10446 of 2009 Gray Property Investment Pty Ltd v Randwick City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against conditions imposed by Randwick City Council (the council) for the modification of Development Consent No DA/1052/2007 that provided approval for alterations and modifications to any existing two-storey residential flat building at 78 Dudley Street, Coogee (the site).

2 The alterations and modifications provide for the construction of two steel framed balconies at the street frontage elevation and the replacement of four existing windows, over the two levels. Bi-fold doors to provide access to the new upper level balconies and an existing terrace above an existing garage at the lower level. The eastern upper level balcony is 2.0 m deep x 3.655 m long and the western upper level balcony is 1.5 m deep x 2.5 m long.