Ballas Mendes Constructions Pty Ltd v Randwick City Council [2011] NSWLEC 1224

Land and Environment Court New South Wales

Medium Neutral Citation: Ballas Mendes Constructions Pty Ltd v Randwick City Council [2011] NSWLEC 1224 Hearing dates: 19-20 July 2011 Decision date: 02 August 2011 Jurisdiction: Class 1 Before: Morris C Decision: (1)The appeal is dismissed; (2)Development application DA767/2009 which proposed the demolition of an existing dwelling house and associated structures and the construction of a 3-storey multi-unit development comprising 5x2 bedroom and 2x1 bedroom dwellings, basement car parking for 10 vehicles, landscaping and associated works at No. 95 Wentworth Street, Randwick is refused consent. (3)The exhibits, other than exhibits 4, D and J, are returned. Catchwords: DEVELOPMENT APPLICATION; Residential flat building; SEPP 1 objection; height; bulk; scale; impact on views; landscaped area. Legislation Cited: Environmental Planning & Assessment Act 1979; Interpretation Act 1987; Randwick Local Environmental Plan 1998 (Consolidation); State Environmental Planning Policy No 1; State Environmental Planning Policy No 65-Design Quality of Residential Flat Development; Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140; Wehbe v Pittwater Council [2007] NSWLEC 827; (2007) 156 LGERA 446; Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46 Texts Cited: Multi-Unit Housing Development Control Plan; Residential Flat Design Code Category: Principal judgment Parties: Ballas Mendes Constructions Pty Limited (Applicant) Randwick City Council (Respondent) Representation: Counsel Ms H Irish (Applicant) Mr I Hemmings (Respondent) Solicitors Mr P Bushby Loke Bushby International (Applicant)