Catholic Healthcare Limited v Randwick City Council [2019] NSWLEC 99

Land and Environment Court New South Wales

Medium Neutral Citation: Catholic Healthcare Limited v Randwick City Council [2019] NSWLEC 99 Hearing dates: 9, 10 and 11 July 2019 Date of orders: 12 July 2019 Decision date: 12 July 2019 Jurisdiction: Class 1 Before: Robson J Decision: See orders at [71] Catchwords: DEVELOPMENT APPLICATIONS – whether consent should be granted in respect of a Concept Development Application and a Stage 2 Development Application for the construction of a seniors housing development pursuant to the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 on land zoned RE2 Private Recreation under the Randwick Local Environmental Plan 2012 – whether the size and scale of the proposed development is compatible with the local context – consideration of neighbourhood amenity and streetscape, design quality, design excellence and public interest – appeals upheld Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Randwick Comprehensive Development Control Plan 2013 Randwick Local Environmental Plan 2012 cll 2.3, 6.11, 6.12 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 cll 2, 4, 5, 24, 25, 30, 32, 33, 34, 35, 36, 37, 38, 39 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development cl 28, Sch 1 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191; (2005) 141 LGERA 80 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472; (2004) 136 LGERA 254 Telstra Corporation Limited v Hornsby Shire Council (2006) 67 NSWLR 256; [2006] NSWLEC 133 Veloshin v Randwick Council [2007] NSWLEC 428 Texts Cited: NSW Department of Planning and Environment, "Apartment Design Guide", July 2015, Pt 1B Category: Principal judgment Parties: Catholic Healthcare Limited (Applicant) Randwick City Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) J Reid (Respondent)