104 Boyce v Randwick City Council [2007] NSWLEC 83

Land and Environment Court of New South Wales

CITATION : 104 Boyce v Randwick City Council [2007] NSWLEC 83

APPLICANT 104 Boyce PARTIES : RESPONDENT Randwick City Council

FILE NUMBER(S) : 10600 of 2006

CORAM: Bly C

KEY ISSUES: Development Application :- demolition of dwelling houses, six-storey mixed commercial and multi-unit housing development, amenity impacts on neighbours, planning controls including development standards, car parking.

Environmental Planning and Assessment Act 1979 Randwick Local Environmental Plan 1998 LEGISLATION CITED: Randwick City Council Maroubra Junction - Town Centre Development Control Plan Randwick City Council Development Control Plan-Parking State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development NSW Residential Flat Design Code 2002

CASES CITED: Tenacity Consulting v Warringah [2004] NSWLEC 140

DATES OF HEARING: 8 and 14 Dec 2006

DATE OF JUDGMENT: 23 February 2007

APPLICANT Mr G Green, solicitor of Pike Pike and Fenwick LEGAL REPRESENTATIVES:

RESPONDENT Miss P Hudson, solicitor of Marsdens.

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

23 February 2007

10600 of 2006 104 Boyce v Randwick City Council

JUDGMENT

Introduction The appeal 1 This appeal relates to Development Application No. 302/2006 which involves the demolition of 3 existing dwelling houses and the construction of a six-storey mixed commercial and multi-unit housing building comprising two retail units, five commercial units and 26 dwellings above two levels of basement car park with parking for 36 vehicles. Strata subdivision is also proposed. The site 2 The site at Nos.102 -106 Boyce Road, Maroubra Junction comprises three allotments being Lot 1 DP 1067926 and Lots 1 and 2 DP 594896. It has a street frontage of 30.33 m and an area of 947.8 sq m. It is situated a short distance away from the Maroubra Junction commercial/shopping centre on Anzac Parade. The locality 3 The surrounding locality is characterised by a mix of building types and various architectural styles, including multi-storey mixed commercial and multi-unit housing buildings, six-storey multi-unit housing buildings interspersed with one and two-storey dwellings. Adjoining the site to the east (No 108 - 110 Boyce Road) is a part eight-storey mixed commercial and residential building above basement car park and to the north is a six storey multi-unit housing building (No 87 - 89 Mason St). Adjoining to the west is a single storey building currently occupied by the Salvation Army. Opposite the site on the south side of Boyce Road is a recently completed mixed commercial and multi-unit housing development of partly five and partly eight storeys. Planning controls 4 The following planning controls are applicable to the site: o Randwick Local Environmental Plan 1998 ("the LEP") o Randwick City Council Maroubra Junction - Town Centre Development Control Plan ("the Town Centre DCP") o Randwick City Council Development Control Plan-Parking ("the Parking DCP") o State Environmental Planning Policy - 65. Design Quality of Residential Flat Development ("SEPP 65"). The LEP 5 The site is zoned 3A General Business under the LEP wherein business premises and multi-unit housing are, subject to the granting of development consent, permissible forms of development.