Fesena Pty Ltd v Randwick City Council [2012] NSWLEC 1276

Land and Environment Court New South Wales

Medium Neutral Citation: Fesena Pty Ltd v Randwick City Council [2012] NSWLEC 1276 Hearing dates: 19 June 2012, 27 August 2012 Decision date: 09 October 2012 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. DA 700/2010 for the construction of a building containing a hydrotherapy pool with ancillary facilities and basement car parking at 7 Dutruc Street Randwick is refused. 3. The exhibits are returned with the exception of exhibit 1. Catchwords: DEVELOPMENT APPLICATION: construction of building containing a hydrotherapy pool and ancillary facilities and basement car parking to be used in association with an existing physiotherapy centre - unacceptable bulk, scale and visual impact - breach of landscaped area - overshadowing - removal of existing trees Legislation Cited: draft Randwick Local Environmental Plan 2011 Environmental Planning and Assessment Act 1979 Randwick Local Environmental Plan 1998 State Environmental Planning Policy No 1 State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Pafburn v North Sydney Council [2005] NSWLEC 444 Peninsula Development Australia Pty Limited v Pittwater Council [2011] NSWLEC 1244 Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Wehbe v Pittwater Council [2007] 156 LGERA 446 Category: Principal judgment Parties: Fesena Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Mr S Klinger, solicitor (Applicant) Mr A Seton, solicitor (Respondent) Mr S Klinger (Applicant) Marsdens Law Group (Respondent) File Number(s): 11203 of 2011