Fox Johnson v Randwick City Council [2011] NSWLEC 1384

Land and Environment Court New South Wales

Medium Neutral Citation: Fox Johnson v Randwick City Council [2011] NSWLEC 1384 Hearing dates: 19,20 December 2011 Decision date: 21 December 2011 Jurisdiction: Class 1 Before: Brown ASC and Ritchie AC Decision: 1. The appeal is dismissed. 2. Development Application 182/2011 for the demolition of all existing structures and construction of a new part 5 and part 6 storey level mixed use development at 2-6 Goodwood Street and 5-7 Ascot Street is refused. 3. The exhibits are returned with the exception of exhibit 2. Catchwords: DEVELOPMENT APPLICATION - demolition of all existing structures and construction of a new part 5 and part 6 storey level mixed use development - whether the SEPP 1 objection to the height and storey development standard is well-founded - location of the proposed building forms and the street setbacks - impact on the amenity of adjoining properties Legislation Cited: Environmental Planning and Assessment Act 1979 Kensington Town Centre Development Control Plan 2002 Randwick Local Environmental Plan 1998 State Environmental Planning Policy No 1 State Environmental Planning Policy No. 65 Cases Cited: Stockland Developments Pty Limited v Manly Council [2004] NSWLEC 472 Wehbe v Pittwater Council [2007] NSWLEC 827 Zhang v Canterbury City Council [2001] 115 LGERA 373 Category: Principal judgment Parties: Fox Johnson (Applicant)

Randwick City Council Respondent) Representation: Counsel Mr G Green, solicitor (Applicant)