Mirvac Projects v Randwick City Council [2009] NSWLEC 1024

Land and Environment Court of New South Wales

CITATION : Mirvac Projects v Randwick City Council [2009] NSWLEC 1024

APPLICANT Mirvac Projects Pty Limited PARTIES : RESPONDENT Randwick City Council

FILE NUMBER(S) : 10701 of 2008

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- Stage 1 Concept Plan for the future residential development - traffic/access - provision of affordable housing - provision of pedestrian accessways

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Newbury District Council v Secretary of State for the Environment [1981] AC 578

DATES OF HEARING: 10, 11/11/08, 19/12/08, 30/01/09

DATE OF JUDGMENT: 5 February 2009

APPLICANT Mr C Leggat SC SOLICITORS Lindsay Taylor Lawyers LEGAL REPRESENTATIVES: REPONDENT Mr A Seton, solicitor SOLICITORS Marsdens

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

5 February 2009

10701 of 2008 Mirvac Projects Pty Limited v Randwick City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Randwick City Council (the council) of Development Application 77/208 for a Stage 1 Concept Plan for the future residential development of the property at 88-102 Moverly Road, South Coogee. The site 2 The site is lot 1 in DP 789368. It is an irregularly shaped allotment with an area of approximately 6.74 ha. It contains four large buildings formerly used for housing of Department of Defence personnel, several small buildings, walkways, roads and car parks. The site has a variety of trees, shrubs and lawn. There is an existing variable height concrete retaining wall approximately 1 m from and extending most of the length of the eastern boundary of the site. The site has an access to Moverly Road via a single-entry driveway. The site has a fall of approximately 10 m from the north-eastern corner to the south-western corner.