Constaninidis v Randwick City Council [2015] NSWLEC 1259

Land and Environment Court New South Wales

Medium Neutral Citation: Constaninidis v Randwick City Council [2015] NSWLEC 1259 Hearing dates: 25-26 May, 2015 Decision date: 14 July 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 418/2014 for alterations and additions to an existing dwelling at 107 Darley Road, Randwick, is refused. 3. The exhibits, other than exhibit 2, A and K, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing dwelling; impact of the proposal on the heritage significance of the heritage conservation area; height, bulk and scale of alterations and additions and elevated pool terrace; site coverage and deep soil definitions; size of rear garage. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Christiane Constantinidis (Applicant) Randwick City Council (Respondent) Representation: Mr A. Galasso SC (Applicant) Mr S. Patterson Solicitor (Respondent) Hall & Wilcox Lawyers (Applicant) Wiltshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10175 of 2015

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 418/2014 for alterations and additions to an existing dwelling (the proposal) at 107 Darley Street, Randwick (the site) by Randwick City Council (the Council). 2. The appeal was subject to mandatory conciliation on 25 May 2015, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated pursuant to s 34AA(2)(b) and the proceedings dealt with as a hearing held forthwith, pursuant to s 34AA(2)(b)(i) of the LEC Act.