Iris Diversified Property Pty Ltd v Randwick City Council [2011] NSWLEC 1038

Land and Environment Court New South Wales

Medium Neutral Citation: Iris Diversified Property Pty Ltd v Randwick City Council [2011] NSWLEC 1038 Hearing dates: 11, 12 January 2011 Decision date: 13 January 2011 Jurisdiction: Class 1 Before: Brown C Decision: Appeal dismissed Catchwords: MODIFICATION APPLICATION - alterations and additions to the Clovelly Hotel, the construction of a multi-unit housing development and Torrens title subdivision - whether substantially the same development - heritage impacts - height - bulk - scale and impact on character/streetscape Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 65 Randwick Local Environmental Plan 1998 Cases Cited: Iris Diversified Property Pty Ltd v Randwick City Council 2010 NSWLEC 1265 Moto Project (No 2) Pty Limited v North Sydney Council [1999] NSWLEC 280 Vacik Pty Limited v Penrith City Council (NSWLEC 24 February 1992 unreported) Category: Principal judgment Parties: Iris Diversified Property Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: Mr C McEwen SC with Mr M Staunton (Applicant) Mr J Robson SC with Mr C Ireland (Respondent) Solicitors: Pikes Lawyers (Applicant) Shaw Reynolds Bowen & Gerathy (Respondent) File Number(s): 10817 of 2010

Judgment 1COMMISSIONER: This is an appeal under s 96(8) of the Environmental Planning and Assessment Act 1979 (the EPA Act) for the modification of a development consent granted by the Court on 24 August 2010 ( Iris Diversified Property Pty Ltd v Randwick City Council 2010 NSWLEC 1265) (the 2010 approval) for alterations and additions to the Clovelly Hotel, the construction of a multi-unit housing development and Torrens title subdivision at 379 - 401 Clovelly Road, Clovelly. 2The modification application seeks the following principal modifications for the hotel; 1.an additional level of basement car parking beneath the approved level, 2.an increase in the number of car parking spaces from 17 to 32, and 3.the provision of a new bottle shop in basement level 1. 3For the multi-unit housing building, the following principal modifications are proposed; 1.one additional level with increased setback to the west for the additional level, 2.an increase setback of the northern roof edge of upper level, 3.an increase in the number of units from 6 to 8, 4.a change in the unit mix to 6 two-bedroom units and 2 three-bedroom units, and 5.an increase basement parking to 14 spaces.