The Owners - Strata Plan No 17037 v Randwick City Council [2013] NSWLEC 1251

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No 17037 v Randwick City Council [2013] NSWLEC 1251 Hearing dates: 10-11 December 2013 Decision date: 20 December 2013 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 210/2013 for alterations and additions to a residential flat building is refused. 3. The exhibits, other than exhibits 1 and E, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to a residential flat building; impact on heritage significance of heritage conservation area; non-compliance with height and floor space ratio development standards. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101 Davies v Penrith City Council [2013] NSWLEC 1141 Category: Principal judgment Parties: The Owners - Strata Plan No. 17037 (Applicant) Randwick City Council (Respondent) Representation: Mr Nick Eastman Barrister (Applicant) Mr Adam Seton Solicitor (Respondent) Gadens Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 10755 of 2013

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s97 of the Environmental Planning and Assessment Act 1979 against the deemed refusal of Development Application No. 210/2013 for alterations and additions to an existing residential flat building (the proposal) by Randwick City Council (the Council), at 40 Marcel Avenue, Randwick (the site). 2The appeal was subject to mandatory conciliation on 10 December 2013, in accordance with the provisions of s34AA of the Land and Environment Court Act 1979. As agreement was not reached during the conciliation phase, the conciliation conference was terminated pursuant to s34AA(2)(b) and the proceedings dealt with as a hearing held forthwith, pursuant to s34AA(2)(b)(i).