St Jude Property Investments Pty Limited v Randwick City Council [2007] NSWLEC 508

Land and Environment Court of New South Wales

CITATION : St Jude Property Investments Pty Limited v Randwick City Council [2007] NSWLEC 508

APPLICANT St Jude Property Investments PARTIES : RESPONDENT Randwick City Council

FILE NUMBER(S) : 10414 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- construction of a new rooftop terrace area on an existing three-storey multi-unit residential building - amenity impacts - streetscape

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Randwick Local Environmental Plan 1998

CASES CITED: Super Studio v Waverley 2004 NSWLEC 91

DATES OF HEARING: 24/07/07

DATE OF JUDGMENT: 25 July 2007

APPLICANT Ms S Hill, solicitor SOLICITORS Susan Hill & Associates LEGAL REPRESENTATIVES: RESPONDENT Ms P Hudson, solicitor SOLICITORS Marsdens

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

25 July 2007

10414 of 2007 St Jude Property Investments Pty Limited v Randwick City Council

JUDGMENT

1 COMMISSIONER: This is an appeal against a refusal by Randwick City Council (the council) of Development Application 30/2007. The proposed development involves the construction of a new rooftop terrace area on an existing three-storey multi-unit residential building at 134 Brook Street, Coogee (the site).

2 The terrace will be accessible from the rooftop stair access structure which can be accessed from the ground, first and second floors although the proposal provides for access only to be available from the second floor unit. As I understand, gates will prevent access to this area by other unit occupiers.