Leroma Pty Ltd v Randwick City Council [2018] NSWLEC 1073

Land and Environment Court New South Wales

Medium Neutral Citation: Leroma Pty Ltd v Randwick City Council [2018] NSWLEC 1073 Hearing dates: 15-16 February 2018 Date of orders: 15 March 2018 Decision date: 20 February 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: 1. The appeal is upheld. 2. Development Application No. 13/2017 for the demolition of all existing structures on the site and construction of a residential flat building including a component of affordable rental housing at 43-45 Dudley Street, Coogee, is approved, subject to the conditions of consent at Annexure A. 3. The exhibits, other than exhibits 1 and G, are returned. Catchwords: DEVELOPMENT APPLICATION: residential flat building; component of affordable rental housing; whether proposal is compatible with the character of the locality; setbacks; wall height; and visitor parking. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Leroma Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: Mr A. Galasso SC (Applicant) Mr R. O'Gorman-Hughes (Respondent)

Solicitors: Hones Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2017/95359 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application No. 13/2017 for the demolition of all existing structures on the site and construction of a residential flat building including a component of affordable rental housing (the proposal) at 43-45 Dudley Street, Coogee (the site) by Randwick City Council (the Council). 2. The appeal was subject to mandatory conciliation on 9 August 2017, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 8 September 2017, pursuant to s 34(4) of the LEC Act. 3. Leave was unopposed and granted by the Court at the commencement of the hearing for the applicant to rely on an amended proposal (exhibit B). The Council was satisfied that the amendments made to the proposal satisfactorily addressed the issues regarding the quantity of parking provided, drainage and flooding and safety. A further set of plans was tendered (exhibit M) which reflected the planning experts' agreement regarding external privacy screening on the eastern elevation and increased the plantings in the rear portion of the eastern side setback.