Cerny v Randwick City Council [2018] NSWLEC 1403

Land and Environment Court New South Wales

Medium Neutral Citation: Cerny v Randwick City Council [2018] NSWLEC 1403 Hearing dates: 25 July 2018 Date of orders: 08 August 2018 Decision date: 08 August 2018 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is dismissed. (2) Randwick City Council Development Application No. DA 712/2017 for a secondary dwelling at 250 Carrington Road Randwick is refused. (3) The exhibits are returned with the exception of Exhibit 1, A and B. Catchwords: DEVELOPMENT APPLICATION: secondary dwelling - streetscape – height – juxtaposition of SEPP and DCP Legislation Cited: Environmental Planning and Assessment Act 1979 Randwick Comprehensive Development Control Plan Randwick Local Environmental Plan 2012 State Environmental Planning Policy Affordable Rental Housing 2009 Land and Environment Court Act 1979 Cases Cited: Michael Hesse v Parramatta City Council [2003] NSWLEC 313 Category: Principal judgment Parties: Sonya Cerny (Applicant) Randwick City Council (Respondent) Representation: Solicitors: A Knox, Pikes & Verekers Lawyers (Applicant) V McGrath, Norton Rose Fullbright (Respondent) File Number(s): 2018/9545 Publication restriction: Nil

Judgment

Introduction 1. This is a Class 1 appeal under s 8.7 of the Environmental Planning and Assessment Act 1979 ('EPA Act') against the refusal of Randwick City Council ('Council') Development Application No. DA 712/2017. The development application ('DA') seeks consent for a secondary dwelling at 250 Carrington Road Randwick ('the site'). 2. The appeal was subject to mandatory conciliation on 25 July 2018, in accordance with s 34AA of the Land and Environment Court Act 1979 ('LEC Act'). The proceedings commenced with a site view and the hearing of submissions from objectors. Three objectors spoke of their concerns (see below). After the view, the parties returned to Court for conciliation. The parties were unable to reach agreement. In accordance with s 34AA(2)(b) of the LEC Act, the conciliation conference was terminated and a hearing was held forthwith. The parties consented to evidence heard on site forming part of the evidence in the proceedings.