Carrano v Randwick City Council [2017] NSWLEC 1410

Land and Environment Court New South Wales

Medium Neutral Citation: Carrano v Randwick City Council [2017] NSWLEC 1410 Hearing dates: 1-2 August 2017 Date of orders: 08 August 2017 Decision date: 08 August 2017 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 565/2016 for the demolition of existing structures and construction of a new dwelling, at 42 Wolseley Road, South Coogee, is refused. 3. The exhibits, other than exhibit 3, are returned. Catchwords: DEVELOPMENT APPLICATION: construction of a new dwelling; non-compliance with site coverage, rear setback and excavation controls; impacts on views and privacy. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Mr Antonio Carrano (Applicant) Randwick City Council (Respondent) Representation: Counsel: Mr P. Clay barrister (Applicant) Mr A. Seton solicitor (Respondent)

Solicitors: Joseph P Saad & Co, Solicitors (Applicant) Marsdens Law Group (Respondent) File Number(s): 2017/87856

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. 565/2016 for the demolition of existing structures and the construction of a new dwelling (the proposal) at 42 Wolseley Road, South Coogee (the site) by Randwick City Council (the Council). 2. The appeal was subject to mandatory conciliation on 1 August 2017, in accordance with the provisions of s 34AA(2)(a) of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached, the conciliation conference was terminated pursuant to s 34AA(2)(b)(i) of the LEC Act and a hearing held forthwith. The applicant amended the proposal to adjust the floor levels, reduce the overall height of both pavilions and delete the rooftop pool.