Stockland v Randwick City Council [2009] NSWLEC 1008

Land and Environment Court of New South Wales

CITATION : Stockland v Randwick City Council [2009] NSWLEC 1008

Applicant: Stockland Developments (PHH) Pty Ltd PARTIES : Respondent: Randwick City Council

FILE NUMBER(S) : 10389; 10390 of 2008

CORAM: Roseth SC

KEY ISSUES: DEVELOPMENT APPLICATION :-

DATES OF HEARING: 10 December 2008 and 11 December 2008

DATE OF JUDGMENT: 6 February 2009

Applicant: LEGAL REPRESENTATIVES: Mr C McEwen SC and Ms S Duggan, barrister instructed by Ms L Camenzuli, solicitor of Corrs Chambers Westgarth Mr P McEwen SC, instructed by Mr C McFadzean, solicitor of Shaw Reynolds Bowen Gerathy Lawyers

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

6 February 2009

10389 of 2008 Stockland Developments (PHH) Pty Ltd v 10390 of 2008 Randwick City Council

JUDGMENT 1 Senior Commissioner: These appeals are against refusals by Randwick City Council (the council) of development applications for the redevelopment of the old Prince Henry Hospital at Little Bay, a residential project undertaken by Stockland Developments (PHH) Pty Ltd. Appeal No 10389 of 2008 relates to proposed commercial-residential development on lot 11 DP270427, known as 2-8 Pine Avenue, Little Bay. Appeal No 10390 of 2008 relates to commercial-residential development on lot13 DP 270427, known as 1-9 Pine Avenue, Little Bay.

The site 2 Lot 11 is on the northeast corner of Pine Avenue and Anzac Parade at the main entrance to the Prince Henry site. On the eastern side it faces Jenner Street. The site area is 4,472m2. 3 Lot 13 is on the southeast corner of Pine Avenue and Anzac Parade. To the east it faces to Brodie Avenue. The site area is 5,874m2. 4 To the south east of lot 13 are the heritage items of the Flower Wards and the Memorial Clock. To the east is an apartment building called Coperture. Outside the Prince Henry site, on the other side of Anzac Parade is a cluster of shops and beyond it, low density housing. Anzac Parade at Little Bay is a wide thoroughfare with an open character. 5 The Prince Henry Hospital project is guided by an adopted Master Plan deemed a development control plan.