ABC Planning v Randwick City Council [2008] NSWLEC 1211

Land and Environment Court of New South Wales

CITATION : ABC Planning v Randwick City Council [2008] NSWLEC 1211

Applicant: ABC Planning Pty Ltd PARTIES : Respondent: Randwick City Council

FILE NUMBER(S) : 10070 of 2008

CORAM: Roseth SC

KEY ISSUES: Development Application :- front setback

DATES OF HEARING: 29 May 2008

DATE OF JUDGMENT: 3 June 2008

Applicant: LEGAL REPRESENTATIVES: Mr C McEwen, SC and Mr M Staunton, barrister instructed by Mr V Conomos, solicitor of Pike Pike & Fenwick Mr P Rigg, solicitor of Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

3 June 2008

10070 of 2008 ABC Planning Pty Ltd v Randwick City Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal by Randwick City Council (the council) of a development application to demolish the existing buildings and to construct a four-storey multi-unit housing development on lot B DP 100389 and lot 1 DP 959305, known as 161-163 Arden Street, and lots 3 and 4 Sec 4 DP 3684, being lots 1-8 in SP 7640 and known as 112-114 Beach Street, Coogee.

The site 2 The site consists of a single lot (frontage 12.2m) facing Beach Street and a double lot (frontage 23.5m) facing Arden Street. The side boundary of the amalgamated lots, stretching between the two streets, is about 100m. The total area is 1,433m2. The site slopes steeply towards the south and Coogee Beach. 3 The site accommodates three existing apartment buildings, which are proposed to be demolished. On the allotment facing Beach Street there is a 2007 development consent for a four-storey apartment building. The Floor Space Ratio (FSR) of the approved building is 1.34:1. The maximum permissible FSR for the Beach Street site is 0.65:1. The character of the locality is high-density residential with some shops.