Ideal Coogee Pty Limited v Randwick City Council [2015] NSWLEC 1142

Land and Environment Court New South Wales

Medium Neutral Citation: Ideal Coogee Pty Limited v Randwick City Council [2015] NSWLEC 1142 Hearing dates: 30 April 2015 Decision date: 13 May 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: Residential flat building Legislation Cited: Randwick Local Environmental Plan 2012; Environmental Planning and Assessment Act 1979 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: Ideal Coogee Pty Limited (Applicant) Randwick City Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant)

Solicitors: Ms J McKelvey, Andrews & Holm (Applicant) Mr A Seton, Marsdens Law Group File Number(s): 10538 of 2014

Judgment 1. Ideal Coogee lodged Development Application DA/88/2014 with Randwick City Council on 27 February 2014 seeking consent to demolish an existing two storey dwelling house and construct a residential flat building at No 137 Carrington Road, Coogee. 2. The council refused consent on 12 August 2014 and Ideal Coogee is appealing that decision. 3. The plans before the Court vary significantly to those determined by the council and arose from a conciliation conference conducted by another Commissioner of the Court. The applicant was granted leave to rely on those amended plans. Those plans have addressed the majority of contentions in the case with the main issue remaining relating to matters raised by an objector to the application, in particular solar access.

The site and locality 1. The site is located on the eastern side of Carrington Road between Glebe Street and Alison Road and has a frontage of 13.41m, depth of 59.18m/63.36m and site area of 822sqm. 2. Topographically, the site falls sharply in a south-easterly direction, such that an 11 metre level difference occurs from the north-west and south-east corners. 3. To the immediate north of the site is residential flat building development of up to four storeys and to the immediate south is a low sitting flat building 9.5m in height. To the south-east and east single dwelling development front Raleigh Street and Pauling Avenue respectively. 4. Surrounding development comprises a mix of residential flat buildings (RFBs) and single dwellings. To the north and north-west is a predominance of RFBs of three to five storeys. Immediately to the south, east and south-west is a predominance of single attached and detached dwellings of one and two storey scale. 5. The site contributes to a continuous green corridor that runs to the north through the rear setback of development fronting Carrington Road, Pauling Avenue, Ritchard Avenue and Marcel Avenue.