Kensington Bowling Club Pty Ltd v Randwick City Council [2011] NSWLEC 1064

Land and Environment Court New South Wales

Medium Neutral Citation: Kensington Bowling Club Pty Ltd v Randwick City Council [2011] NSWLEC 1064 Hearing dates: 10 February 2011 Decision date: 11 February 2011 Jurisdiction: Class 1 Before: Brown C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION - use of an existing but disused bowling green as a multi-purpose sports area - noise - light spill - inadequate car parking Legislation Cited: Environmental Planning and Assessment Act 1979 Randwick Local Environmental Plan 1998 Category: Principal judgment Parties: Kensington Bowling Club Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: Ms J Reid, solicitor (Applicant) Mr P Rigg, solicitor (Respondent) Solicitors: Pikes Lawyers (Applicant) Norton Rose Australia (Respondent) File Number(s): 10963 of 2010

Judgment 1COMMISSIONER: This is an appeal against the refusal by Randwick City Council (the council) of DA/22/2010 for the use of a disused bowling green as a multi-purpose sports area on the southern part of the site used by the Kensington Bowling Club at 1 Day Lane, Kensington. The multi-purpose sports area will contain two fields, perimeter fencing with netting above, 8 x 5 m high light posts with lights and the provision of an artificial grass surface. The proposed hours of operation are proposed at 9am to 10pm, 7 days a week. 2The Kensington Bowling Club forms part of a 3.96 ha area of open space bounded by Day Lane, Barker Street, Edward Avenue and Cottenham Avenue that is known as Kensington Park. It is used for a range of organised sporting activities including cricket, rugby, football games and training as well as more passive activities such as a children's playground. 3The contentions raised by council fall within two categories. Firstly, the potential impacts on the residential amenity of adjoining and nearby properties from noise and light spill and secondly, the inadequate car parking.