Design 23 Pty Ltd v Randwick City Council [2013] NSWLEC 1112

Land and Environment Court New South Wales

Medium Neutral Citation: Design 23 Pty Ltd v Randwick City Council [2013] NSWLEC 1112 Hearing dates: 27 June 2013 Decision date: 28 June 2013 Jurisdiction: Class 1 Before: Tuor C Decision: By consent of the parties, the Court orders that: 1.The appeal be upheld. 2.Development Application No. DA/584/2012 for alterations and additions to the existing dwelling on the land at 158 Moverly Road, South Coogee and to change the use of the said dwelling to a childcare centre with the capacity for 46 children operating between the hours of 8.30am to 5pm on weekdays is determined by granting consent to the Application, subject to the conditions in Annexure "A". 3.The exhibits, except Exhibits 1, 3, 4, A and B, may be returned. Catchwords: DEVELOPMENT APPLICATION - childcare centre. Consent orders. Traffic and pedestrian safety Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Randwick Local Environmental Plan (Consolidation) 1998 Randwick Local Environmental Plan 2012 Category: Principal judgment Parties: Design 23 Pty Ltd (Applicant)

Randwick City Council (Respondent) Representation: Mr A Seton of Marsdens Law Group (Respondent) File Number(s): 10282 of 2013

Judgment 1This is an appeal against the refusal by Randwick City Council (council) of a development application (DA/584/2012) for alterations and additions to an existing dwelling at 158 Moverly Road, South Coogee (site), and to change the use of the dwelling to a childcare centre for 46 children with parking for seven cars. 2The parties are seeking consent orders from the Court as the traffic experts agree that the amended plans and conditions address the traffic and pedestrian safety issues that were in dispute. The parties agree that the intent of the Court's Practice Note for notification of consent orders has been satisfied.