Strebora Pty Ltd v Randwick City Council (No. 2) [2017] NSWLEC 1575

Land and Environment Court New South Wales

Medium Neutral Citation: Strebora Pty Ltd v Randwick City Council (No. 2) [2017] NSWLEC 1575 Hearing dates: 20-21 September 2017 Date of orders: 12 October 2017 Decision date: 12 October 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. No order as to costs; 3. The objections pursuant to cl 4.6 of the Randwick Local Environmental Plan 2012 are not sustained; 4. The appeal is dismissed; 5. Development application DA 455/2016 for a four storey residential flat development over basement car parking at 48 Dudley Street, Coogee is refused; 6. The exhibits are returned with the exception of Exhibits 1, A, and B. Catchwords: DEVELOPMENT APPEAL: Residential flat building – seeks variation to floor space ratio – variation to height control – whether setbacks and landscaping are appropriate – appropriateness of building form in context – adequacy of parking provision – provision of communal open space – separation to neighbouring properties – overshadowing impacts. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy 65: Design Quality of Residential Apartment Development State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Zhang v Canterbury City Council (2001) 51 NSWLR 589; (2001) 115 LGERA 373 Trinvass Pty Ltd v Council of the City of Sydney [2015] NSWLEC 151 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Schaffer Corp Ltd v Hawkesbury City Council (1992) 77 LGERA 21 Manzie v Willoughby City Council (1996) NSWLEC 26 Bettar v Council of the City of Sydney [2014] NSWLEC 1070 Texts Cited: Nil Category: Principal judgment Parties: Strebora Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Mr C McEwen SC(Applicant) Ms S Duggan SC(Respondent)