Arxidia Pty Ltd v Randwick City Council; Arthur Wong Pty Ltd v Randwick City Council [2017] NSWLEC 1463

Land and Environment Court New South Wales

Medium Neutral Citation: Arxidia Pty Ltd v Randwick City Council; Arthur Wong Pty Ltd v Randwick City Council [2017] NSWLEC 1463 Hearing dates: 22-24 August 2017 Date of orders: 29 August 2017 Decision date: 29 August 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: Appeal 2016/00343150

The orders of the Court are: 1. The applicant is granted leave to rely on the amended plans prepared by ES Engineering and Design, dated 10 August 2017, Issue F; 2. No order as to costs; 3. The appeal is dismissed; 4. Development Application number DA/404/2015 for the change of use of a dwelling house at 23 Harbourne Road to a boarding house is refused; 5. Exhibits are returned with the exception of Exhibit 1, A and E.

Appeal 2016/00343191

The orders of the Court are: 1. The applicant is granted leave to rely on the amended plans prepared by ES Engineering and Design, dated 10 August 2017, Issue F; 2. No order as to costs; 3. The appeal is dismissed; 4. Development Application number DA/736/2014for the change of use of a dwelling house at 21 Harbourne Road to a boarding house is refused; 5. Exhibits are returned with the exception of Exhibit 8, B and F. Catchwords: DEVELOPMENT APPEAL: redevelopment of two adjoining properties – change of use of existing dwelling houses to boarding houses – whether the development is compatible with the existing character – whether parking provision is adequate – standard of internal amenity of boarding rooms – visual and acoustic privacy for neighbours – unreasonable impacts – refusal warranted. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Zhang v Canterbury City Council [2001] NSWCA 167 Trinvass Pty Ltd v Council of the City of Sydney [2015] NSWLEC 151 Luxe Manly Pty Ltd v Northern Beaches Council [2016] NSWLEC 156 The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Ali v Liverpool City Council [2009] NSWLEC 1327 Lam v Ashfield Council [2015] NSWLEC1195 Epping Property Developments Pty Ltd v Parramatta City Council [2017] NSWLEC 1095 Jonah Pty Ltd v Pittwater Council [2006] LGERA 408 Davies v Penrith City Council [2013] NSWLEC 1141 Cachia v Manly Council (No. 2) [2009] NSWLEC 1107 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Amazonia Hotels Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1247 BGP Properties Pty Ltd v Macquarie City Council [2004] NSWLEC 399 Texts Cited: Building Code of Australia Category: Principal judgment Parties: 2016/00343150 Arxidia Pty Ltd (Applicant) Randwick City Council (Respondent)