Raissis v Randwick City Council [2019] NSWLEC 1040

Land and Environment Court New South Wales

Medium Neutral Citation: Raissis v Randwick City Council [2019] NSWLEC 1040 Hearing dates: 23 January 2019 Date of orders: 08 February 2019 Decision date: 08 February 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant's written request pursuant to clause 4.6 of Randwick Local Environmental Plan 2012 in relation to the contravention of the development standard for building height in clause 4.3 of Randwick Local Environmental Plan 2012 is upheld. (2) The appeal is upheld. (3) Development Application No. DA22/2018 for alterations and additions to the residential flat building approved pursuant to Development Consent No. DA/555/2016 on the land at 1 Coogee Street, Randwick (Lot 100 in DP 1224614) is approved subject to the conditions in Annexure "A". (4) The exhibits are returned with the exception of Exhibits A, C, D, and 5. Catchwords: DEVELOPMENT APPLICATION: Additions to an approved residential flat building – affordable rental housing – compatibility with the character of the local area – resident objections – appeal upheld. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Randwick Local Environmental Plan 2012 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 248 Initial Action v Woollahra Municipal Council [2018] NSWLEC 118 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Apartment Design Guide Practice Note - Class 1 Development Appeals Randwick City Council Development Control Plan 2013 Category: Principal judgment Parties: Spiro Raissis (Applicant) Randwick City Council (Respondent) Representation: Solicitors: M Mallos, Maddocks Lawyers (Applicant) J McCullan, Marsdens Law Group (Respondent) File Number(s): 2018/74464 Publication restriction: No