Coogee Developments Pty Ltd v Randwick City Council [2017] NSWLEC 1022

Land and Environment Court New South Wales

Medium Neutral Citation: Coogee Developments Pty Ltd v Randwick City Council [2017] NSWLEC 1022 Hearing dates: 28 November 2016 Date of orders: 24 January 2017 Decision date: 24 January 2017 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. The application to modify Development Application No DA 145/2015 for the demolition of an existing 2 storey residential flat building containing 4 units and the replacement with a 4 storey residential flat building containing 7 units at 4 Higgs Street, Randwick is refused. 3. The exhibits are returned with the exception of exhibits 1 and A. Catchwords: MODIFICATION: additional unit to approved 4 storey residential flat building containing 8 units - whether the modification is substantially the same as approved development - excessive bulk and scale – unacceptable impact on heritage conservation area - unacceptable visual and acoustic privacy impacts - acceptable internal amenity Legislation Cited: Environmental Planning and Assessment Act 1979 Randwick Local Environmental Plan 2012 Cases Cited: ABD Holdings Pty Ltd v Council of the City of Sydney [2013] NSWLEC 45 Coogee Developments Pty Ltd v Randwick City Council [2016] NSWLEC 1011 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 Pozzobon v City of Canada Bay Council [2014] NSWLEC 1143 Tipalea Watson Pty Ltd v Ku-ring-gai Council (2003) 129 LGERA 351 Scrap Realty Pty v Botany Bay City Council (2008) 166 LGERA 342 Category: Principal judgment Parties: Coogee Developments Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: Ms H Irish, barrister (Applicant) Mr S Patterson, solicitor (Respondent)