Naimo v Randwick City Council [2013] NSWLEC 1017

Land and Environment Court New South Wales

Medium Neutral Citation: Naimo v Randwick City Council [2013] NSWLEC 1017 Hearing dates: 18, 19 & 26 September 2012. Further written submissions filed on 16 and 18 October 2012. Decision date: 30 January 2013 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application for an affordable housing development at 121-123 Haig Street, Maroubra is refused. 3. The exhibits may be returned. Catchwords: DEVELOPMENT APPLICATION - affordable housing development. Permissibility, compatibility of the design of the development with the character of the local area, solar access and overshadowing. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 Randwick Local Environmental Plan (Consolidation) 1998 Draft Randwick Local Environmental Plan 2012 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011 Cases Cited: Abdo v Fairfield Council: Tony and Janet Partners Pty Ltd v Fairfield Council; Abdo v Fairfield Council (No 2) [2012] NSWLEC 247 Chehade v Bankstown City Council [2012] NSWLEC 1122 Chehade v Bankstown City Council [2012] NSWLEC 221 Project Venture Pty Ltd v Pittwater Council [2005] NSWLEC 191 Category: Principal judgment Parties: Adrian Naimo (Applicant)