Virginia Street Properties Pty Limited v Randwick City Council [2015] NSWLEC 1013

Land and Environment Court New South Wales

Medium Neutral Citation: Virginia Street Properties Pty Limited v Randwick City Council [2015] NSWLEC 1013 Hearing dates: 29 January 2015 Decision date: 29 January 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Consent Orders: childcare centre Legislation Cited: Randwick Local Environmental Plan 2012; Environmental Planning and Assessment Act 1979 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: Virginia Street Property Pty Limited (Applicant) Randwick City Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant)

Solicitors: Mr T Messenger, HWL Ebsworth Lawyers (Applicant) Ms V McGrath, Norton Rose Fulbright (Respondent) File Number(s): 10979 of 2014

Judgment 1. Virginia Street Properties Pty Limited lodged Development Application DA/536/2014 with Randwick City Council on 8 August 2014 seeking consent for alterations and additions to an existing building for use as a childcare centre at 2 Virginia Street, Kensington. 2. The issues between the parties have been resolved and they are seeking Consent Orders from the Court.

The site and its context 1. The site is located on the north eastern corner of Virginia and Baker Streets with a site area of 689.8sqm. It is a rectangular allotment and contains a two storey building with an outbuilding at the rear. The building, a former corner shop and residence has been converted without consent to flats and is built to the street boundaries and setback 905mm from the common boundary with No 4 Virginia Street. 2. Development within the vicinity of the site comprises single and two storey dwelling houses. A 'pocket' park is located directly opposite the site.