Ekos (Kingsford) Pty v Randwick City Council [2017] NSWLEC 1151

Land and Environment Court New South Wales

Medium Neutral Citation: Ekos (Kingsford) Pty v Randwick City Council [2017] NSWLEC 1151 Hearing dates: 20 March 2017 Date of orders: 28 March 2017 Decision date: 28 March 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are: (1) The applicant is granted leave to rely on amended plans; (2) The applicant is to pay the Respondents costs thrown away as a result of amending the development application pursuant to s97B as may be agreed or assessed; (3) The appeal is upheld; (4) Consent is granted to Development Application No. DA/795/2015 for the demolition and construction of a boarding house at 27 Meeks Street and 65 Wills Street (Lot 1 DP 312120 and Lot 1 in DP 129522) Kingsford subject to conditions in Annexure A and the following additional operational conditions: Condition 2. i. An amended plan of management, to reflect the conditions of this development consent is to be submitted to Council for the approval of Council's Manager of Development Assessment prior to the issuing of an Occupation Certificate. The updated plan of management is to be updated to incorporate the requirement for a timer are to be included in lighting of the common areas to allow them to be automatically switched off after 9 PM. Condition 29. the waste servicing of the proposed development is to be undertaken by a commercial contract at the frequency required to accommodate the waste generated by the development, and the number of bins able to be wholly contained within the bin room. Bins are not to be located outside the bin room other than for the purposes of collection. Condition 29 (a) the number of bins provided for the development is that number that is able to be contained wholly within the bin room. Collection frequency is to be increased if demand exceeds the capacity of this number of bins. Condition 29 (b) the Proposed Plan of Management is to be amended to require the on-site manager to be responsible for the appropriate disposal of any bulk waste generated by the development or at the changeover of tenants. Condition 119: Boarding rooms are to be provided with equipment and furnishings as outlined in the approved Plan of Management. (5) The exhibits are returned with the exception of Exhibit A, 2, 3 and the Class 1 Application lodged 25 July 2016. Catchwords: DEVELOPMENT APPEAL: Appeal against refusal of boarding house – compatibility of development with character of the locality – streetscape presentation – bulk and scale – reasonableness of overshadowing to adjoining residential - residents objections – application amended to respond to concerns – expert agreement Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Zhang v Canterbury City Council [2001] NSWCA 167 Trinvass Pty Ltd v Council of the City of Sydney [2015]NSWLEC 151 Benson McCormack Pty Ltd v Manly Council [2015] NSWLEC 1019 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: Australian Standards AS 1428.1 2009 Design for Access and Mobility. Category: Principal judgment Parties: Mr. N Eastman (Applicant) Representation: Solicitors: Mr M Sonter, Mills Oakley (Applicant) Ms V McGrath, Norton Rose Fullbright (Respondent) File Number(s): 2016/223649 Publication restriction: No