The Architecture Company Pty Ltd v Randwick City Council [2012] NSWLEC 1250

Land and Environment Court New South Wales

Medium Neutral Citation: The Architecture Company Pty Ltd v Randwick City Council [2012] NSWLEC 1250 Hearing dates: 22-23 August 2012 Decision date: 04 September 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No 926/2010 for a residential flat building at 96 Maroubra Road, Maroubra is approved, subject to the conditions in Annexure A. 3. The exhibits, other than exhibits 1, C, D and H, are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of existing structures and construction of a 7 storey residential apartment building, bulk and scale, design quality, impact on surrounding area. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Zhang v Canterbury City Council (2001) 115 LGERA 373. Category: Principal judgment Parties: The Architectural Company Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Mr Gary Green (Solicitor) (Applicant) Mr Adam Seton (Solicitor) (Respondent) Solicitors Pikes & Verekers Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 11240 of 2011

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 926/2010 (the application) by Randwick City Council (the Council) to construct a 7 storey residential apartment building, at 96 Maroubra Road, Maroubra (the site). 2The appeal was subject to mandatory conciliation on 22 March 2012, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As no agreement was reached during the conciliation phase, the conciliation conference was terminated on 11 May 2012 pursuant to s 34(4) of the LEC Act.