Parker Logan Property v Randwick City Council [2014] NSWLEC 1179

Land and Environment Court New South Wales

Medium Neutral Citation: Parker Logan Property v Randwick City Council [2014] NSWLEC 1179 Hearing dates: 28 August 2014 Decision date: 28 August 2014 Jurisdiction: Class 1 Before: Fakes C Decision: 1. The appeal is upheld. 2. Development consent is granted to development application No. 132/2014 in respect of the property 140 Carrington Road, Randwick, for the demolition of the existing dwelling and garage and the construction of a residential flat building comprising six 2 bedroom units, basement parking and strata subdivision subject to conditions. Catchwords: CONSENT ORDERS: Residential flat building; height, FSR, tree removal. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Randwick Local Environmental Plan 2012 Category: Principal judgment Parties: Peter Logan Property (Applicant) Randwick City Council (Respondent) Representation: Applicant: Mr G Green (Solicitor) Respondent: Ms V McGrath (Solicitor) Applicant: Pikes & Verekers Lawyers Respondent: Norton Rose Fulbright Australia File Number(s): 10247 of 2014

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1COMMISSIONER: The applicant appeals Randwick City Council's deemed refusal of Development Application No. 132/2014 for the demolition of a dwelling and ancillary structures and the construction and strata subdivision of a residential flat building at 140 Carrington Road, Randwick (the site). 2The appeal is made pursuant to s 97(1) of the Environmental Planning and Assessment Act 1979 (the Act).