Micaul Holdings Pty Limited v Randwick City Council [2015] NSWLEC 1386

Land and Environment Court New South Wales

Medium Neutral Citation: Micaul Holdings Pty Limited v Randwick City Council [2015] NSWLEC 1386 Hearing dates: 12-14 August 2015 Date of orders: 25 August 2015 Decision date: 25 August 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: residential flat building; whether objection to development standards for building height and floor space ratio are well founded; compliance with planning controls; impact on adjoining properties; adequacy of solar access; Legislation Cited: Randwick Local Environmental Plan 2012; 28 State Environmental Planning Policy No 55 – Remediation of Land (SEPP55); State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development (SEPP65); State Environmental Planning Policy (Building and Sustainability Index: BASIX) 2004 (SEPP BASIX); State Environmental Planning Policy (Affordable Rental Housing) 2009; Environmental Planning and Assessment Act 1979 Texts Cited: Randwick Development Control Plan 2013; Residential Flat Design Code Category: Principal judgment Parties: Micaul Holdings Pty Limited (Applicant) Randwick City Council (Respondent) Representation: Counsel: Mr I Hemmings SC (Applicant) Mr J Robson SC (Respondent)

Solicitors: Mr G Christmas, Apex Law (Applicant) Ms V McGrath, Norton Rose Fulbright (Respondent) File Number(s): 10170 of 2015

Judgment 1. Micaul Holdings Pty Limited lodged Development Application 11/2015 with Randwick City Council on 12 January 2015 seeking consent to demolish existing buildings and construct a residential flat building at 293-297 Alison Road, Coogee. 2. The council had not determined the application within the prescribed period and Micaul is appealing its deemed refusal.