Sumegi v Randwick City Council [2007] NSWLEC 442

Land and Environment Court of New South Wales

CITATION : Sumegi v Randwick City Council [2007] NSWLEC 442

Applicant: Adam Sumegi and Melanie Sumegi PARTIES : Respondent: Randwick City Council

FILE NUMBER(S) : 10306 of 2007

CORAM: Roseth SC

KEY ISSUES: Development Application :- childcare centre; noise and parking

DATES OF HEARING: 12/07/2007 and 13/07/2007

DATE OF JUDGMENT: 19 July 2007

Applicant: LEGAL REPRESENTATIVES: Mr M McMahon, solicitor Respondent: Ms A Pearman, barrister instructed by Ms T Litt, solicitor of Bowen Gerathy Shaw Reynolds

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

19 July 2007

10306 of 2007 Adam Sumegi and Melanie Sumegi 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 convert the existing residential building to a childcare centre for 39 children on lot 7 section 1 DP 3026, known as 45 Market Street, Randwick.

The site 2 The site is on the eastern side of Market Street, between Darley Road and Gilderthorpe Avenue. Its frontage is 14m and its area is 580m2. It now contains a two-storey duplex. 3 To the south of the site is a two-storey house. To the north and east are three-storey apartment buildings, with several apartments oriented towards the site. At the Darley end of Market Street is Queens Park, which contains several ovals. At the Gilderthorpe Avenue end is a landscape business, while further to the south is a community hall used for children's activities.