Little Bay South 1 Pty Ltd v Randwick City Council [2010] NSWLEC 1292

Land and Environment Court of New South Wales

CITATION : Little Bay South 1 Pty Ltd v Randwick City Council [2010] NSWLEC 1292

APPLICANT Little Bay South 1 Pty Ltd PARTIES : RESPONDENT Randwick City Council

FILE NUMBER(S) : 10166 of 2010

CORAM: Tuor C

DEVELOPMENT APPLICATION :- Adaptive reuse of former hospital buildings for residential use KEY ISSUES: Impact on heritage significance of buildings and their setting Adequacy of on site parking

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Regulation 1994 Heritage Act 1977 Randwick Local Environmental Plan 1998

CASES CITED: Little Bay South Pty Limited v Randwick City Council (2009) NSWLEC 1393 Zhang v Canterbury City Council (2001) 51 NSWLR 589

DATES OF HEARING: 22 - 24 June 2010. Further written submissions 2 July 2010

DATE OF JUDGMENT: 29 October 2010

APPLICANT Mr A Galasso SC Solicitors LEGAL REPRESENTATIVES: Minter Ellison RESPONDENT Mr A Seton, solicitor of Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

29 October 2010

10166 of 2010 Little Bay South 1 Pty Ltd v Randwick City Council

JUDGMENT 1 This is an appeal against the deemed refusal by Randwick City Council (the council) of a development application (DA/963/2009) under the Environmental Planning and Assessment Act 1979 (EPA Act) for the adaptive reuse of buildings known as the 'Flowers Wards 2, 4, 5 and 6' and the 'Hill Theatre 2' for residential development, car parking, landscaping and strata subdivision at 8-18 Brodie Avenue, 8-18 Curie Street, 6-16 Darwin Avenue, 18-20 Darwin Avenue and 22-32 Darwin Avenue, Little Bay (site). 2 The main issues between the parties are whether the proposed development will have an acceptable impact on the heritage significance of the Flowers Wards and their setting and whether adequate parking is provided. No issue was raised with the works proposed for the Hill Theatre 2 and these changes are not discussed in any detail in the judgment. Site and context 3 The site is located in the southern part of the former Prince Henry Hospital site, between Ewing Avenue to the east and Brodie Avenue to the west. It comprises: lot 52 (Flowers Ward 2); lot 53 (Flowers Ward 4); lot 57 (Flowers Ward 5); lot 59 (Flowers Ward 6) and lot 58 (Hills Theatre 2) in DP 270427. 4 Flowers Wards 2, 4, 5 and 6 are part of a group of six, originally identical wards. Flowers Ward 1 has been converted for use as a museum and Flowers Ward 3 is a centre for senior citizens. The other Flowers Wards are currently vacant and in a poor state of repair.