Atchison v Randwick City Council [2019] NSWLEC 1559

Land and Environment Court New South Wales

Medium Neutral Citation: Atchison v Randwick City Council [2019] NSWLEC 1559 Hearing dates: 11 November 2019 Date of orders: 19 November 2019 Decision date: 19 November 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The Applicant is granted leave to rely on amended plans as set out in Condition 1 of 'Annexure' A. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. 677/2017, for the demolition of existing detached dwelling, and construction of a new part-two/part-three storey dwelling broken into northern and southern components separated by a sunken central courtyard and linked by a bridge at the first floor level, subject to conditions at Annexure 'A'. (4) All exhibits are returned, except Exhibit A, B, F and G. Catchwords: DEVELOPMENT APPEAL – desired future character – amenity of neighbouring properties – foreshore scenic protection area – contemporary and innovative design Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Act 1979 Randwick Local Environmental Plan 2012 Cases Cited: Botany Bay City Council v Premier Customs Services Pty Ltd (2009) 172 LGERA 338 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80 Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254Davies v Penrith City Council (2013) NSWLEC 1141 Totem Queens Park Pty Ltd v Waverley Council (2004) 140 LGERA 406 Texts Cited: Randwick Development Control Plan Category: Principal judgment Parties: Grant Atchison (First applicant) Donna Wild (Second Applicant) Randwick City Council (Respondent) Representation: Counsel: Dr J Smith (Applicants) D LeBreton (Solicitor) (Respondent)