Broderick v Randwick City Council [2012] NSWLEC 1306

Land and Environment Court New South Wales

Medium Neutral Citation: Broderick v Randwick City Council [2012] NSWLEC 1306 Hearing dates: 5 October 2012 Decision date: 08 October 2012 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. The application to modify development consent DA/436/2011 for "Alterations and first floor addition to the existing garage including new secondary dwelling at first floor level" at 8 Hincks Road Kingsford is approved subject to the modification in Annexure A. 3. The exhibits are returned except for exhibits 1 and B. Catchwords: DEVELOPMENT APPLICATION: alterations and first floor additions to the existing garage, including new secondary dwelling - height and visual bulk - inconsistency with zone objectives - precedent Legislation Cited: Environmental Planning and Assessment Act 1979 Randwick Local Environmental Plan 1998 State Environmental Planning Policy (Affordable Rental Housing) 2009 Category: Principal judgment Parties: Ray Broderick (Applicant) Randwick City Council (Respondent) Representation: Litigant in person (Applicant) Ms Peta Hudson, solicitor (Respondent) - (Applicant) Marsdens Law Group (Respondent) File Number(s): 10884 of 2012

Judgment 1COMMISSIONER: This is an appeal against an application under s 96 of the Environmental Planning and Assessment Act 1979 to modify application DA436/2011 that was approved by Randwick City Council (the council) on 29 September 2011 for alterations and first floor additions to the existing garage, including new secondary dwelling at first floor level at 8 Hincks Street, Kingsford (the site). 2The proposed modification seeks to increase the wall height of the secondary dwelling by 600 mm although the overall height is not increased through the flattening of the pitched and gable ended roof form.