Arkibis Pty Ltd t/a Arkhaus v Randwick City Council [2019] NSWLEC 1020

Land and Environment Court New South Wales

Medium Neutral Citation: Arkibis Pty Ltd t/a Arkhaus v Randwick City Council [2019] NSWLEC 1020 Hearing dates: 5 December 2018 Date of orders: 22 January 2019 Decision date: 22 January 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld; (2) Development Application No. DA/252/2017, as amended, for: demolition of the existing outbuilding and garage; alterations and additions to the existing residential flat building and construction of a new two storey residential flat building to the rear of 4 Prince Street, Randwick; is approved subject to the conditions in Annexure A; (3) The exhibits are returned with the exception of Exhibits 1, A and E. Catchwords: DEVELOPMENT APPLICATION: alterations to an existing residential flat building – construction of four additional units at the rear – whether provision of no onsite parking is acceptable in circumstances of high public transport provision - precedent Legislation Cited: Environmental Planning and Assessment Act 1979 Randwick Local Environmental Plan 2012 Roads Transport Act 2013 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Dennes v Port Macquarie-Hastings Council [2018] NSWLEC 95 Dimitri Dilles v Randwick Council [2017] NSWLEC 1202 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Savellis v Sutherland Shire Council [2018] NSWLEC 100 Sheer Property Group Pty Ltd & anor v Randwick City Council [2013] NSWLEC 1168 Turner Architects v City of Botany Bay Council [2016] NSWLEC 1186 Texts Cited: Randwick Development Control Plan 2013 The Impact of Car Share Services in Australia, Phillip Boyle & Associates, 2016 Australia standard AS/NZ 2890.1.2004 Parking Facilities (AS 2890.1-2004) Category: Principal judgment Parties: Arkibis Pty Ltd t/a Arkhaus (Applicant) Randwick City Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) J Reid (Respondent)