FPG No. 2 Pty Ltd v Randwick City Council [2018] NSWLEC 1300

Land and Environment Court New South Wales

Medium Neutral Citation: FPG No. 2 Pty Ltd v Randwick City Council [2018] NSWLEC 1300 Hearing dates: 5 - 6 April 2018 Date of orders: 20 June 2018 Decision date: 20 June 2018 Jurisdiction: Class 1 Before: Smithson C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Modification Application 674/2014/C for a private roof terrace accessed by new stairs proposed on a residential flat building at 352 Clovelly Road, Clovelly is refused. (3) The exhibits are returned except Exhibits A and 1. Catchwords: MODIFICATION APPLICATION – whether substantially the same as approved development; amenity impacts to neighbours; view loss, privacy and acoustic impacts; whether reasonable in circumstances Legislation Cited: Apartment Design Guide 2015 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Randwick Comprehensive Development Control Plan 2013 Randwick Local Environmental Plan 2012 State Environmental Planning Policy 65 - Design Quality of Residential Apartment Development Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No. 3) [2015] NSWLEC 75 Coogee Developments Pty Ltd v Randwick City Council [2017] NSWLEC 1022 Davies v Penrith City Council [2013] NSWLEC 1141 Innerwest 888 Pty Ltd v Canterbury Bankstown Council [2017] NSWLEC 1241 Moto Projects (No 2) Pty Ltd V North Sydney Council [1999] NSWLEC 280 Pozzobin v City of Canada Bay Council [2014] NSWLEC 1143 Tenacity Consulting v Warringah [2004] NSWLEC 140 The Satellite Group (Ultimo) Pty Ltd v Sydney City Council (unreported 2 October 1998) Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8) Category: Principal judgment Parties: FPG No. 2 Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Reid (Respondent)