Gamkrelidge & Partners Pty Ltd v Randwick Municipal Council [1988] NSWLEC 34

Land and Environment Court of New South Wales

CITATION : Gamkrelidge & Partners Pty Ltd v Randwick Municipal Council [1988] NSWLEC 34 APPLICANT Gamkrelidge & Partners Pty Ltd PARTIES : RESPONDENT Randwick Municipal Council FILE NUMBER(S) : 10328 of 1988 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Local Government Act 1919 Pioneer Concrete (Queensland) Pty. Ltd. v. Brisbane City Council (1980) 145 CLR 485; Grace Bros. Pty. Ltd. v. Willoughby Municipal Council (1981) 44 LGRA 422; CASES CITED: Woolworths Limited v. Bathurst City Council (1987) 63 LGRA 55 ; Shoalhaven City Council v. Inter-Pacific Property Corporation Pty. Ltd. (unreported 18th December, 1987); Morris v. Woollahra Municipal Council (1966) 116 CLR 23 at p.32/33. DATES OF HEARING: DATE OF JUDGMENT: 12/07/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

Bignold J.: This is an appeal under s.97 of the Environmental Planning and Assessment Act 1979 against the deemed refusal by the Respondent of a development application to erect a mixed development comprising 3 shops and 4 x 1 bedroom flats on land known as No. 57 Frenchman's Road, Randwick.

The proposed development involves a 2 storey building to be built to the boundary fronting Frenchman's Road, with the 3 shops located at street frontage and 4 undercover garages situate at the rear of the subject premises.

The 4 proposed flats are located at first floor level immediately above the proposed shops. A further 6 open-air car-spaces are provided in the rear yard area of the development site. It is apparent from the drawings accompanying the development application that vehicular access to the rear yard and car spaces and garages is to be gained by a lane (right of way) located at the rear of the development site. Vehicular access is not possible from the street frontage. Pedestrian access to the first floor flats is via a passageway or hallway forming part of the proposed building and flanking the eastern most shop giving access to and from Frenchman's Road.