Kain Projects Pty Ltd v Randwick City Council [2009] NSWLEC 1407

Land and Environment Court of New South Wales

CITATION : Kain Projects Pty Ltd v Randwick City Council [2009] NSWLEC 1407

APPLICANT Kain Projects Pty Ltd PARTIES : RESPONDENT Randwick City Council

FILE NUMBER(S) : 10501; 10502 of 2009

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- two separate appeals for same site - modification of consent to remove condition requiring undergrounding of power cables and refusal of the construction of 2 x single storey dwellings with car parking and associated works and the Torrens Title subdivision into three lots - incompatibility with the character of the locality - amenity impacts - breach of floor space ratio requirement

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

CASES CITED: Stockland Developments Pty Ltd v Manly Council [2004] NSWLEC 472

DATES OF HEARING: 24, 25 November 2009

DATE OF JUDGMENT: 4 December 2009

APPLICANT Mr P Jackson, solicitor SOLICITORS Pikes Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

4 December 2009

10501 and 10502 of 2009 Kain Projects Pty Ltd v Randwick City Council

JUDGMENT 1 COMMISSIONER: These are two separate appeals that relate to the same property at 29W Finucane Crescent, Matraville (the site). Appeal No 10501 of 2009 is an appeal against the refusal by Randwick City Council (the council) of an application to modify a development consent and Appeal No 10501 of 2009 is an appeal against the refusal by the council of a new development application on the site. The site 2 The site was formerly owned by Sydney Water and was the location of a sewer easement containing a sewer pipeline and other infrastructure used by Sydney Water. Prior to the use by Sydney Water, the site was used as a waste incinerator.