Biton v Randwick City Council

Land and Environment Court New South Wales Medium Neutral Citation: Biton v Randwick City Council [2016] NSWLEC 1247 Hearing dates:13 and 14 April 2016Date of orders: 16 June 2016 Decision date: 16 June 2016 Jurisdiction:Class 1Before: Smithson AC Decision: 1. The appeal is dismissed.2. DA 754/2015 for demolition of existing structures and construction of a new three level dwelling is refused.3. The Applicant is to pay the Respondent’s reasonable costs under s.97B of the Environment Planning and Assessment Act 1979 for assessment of the amended plans, as agreed or assessed.4. The exhibits, except Exhibits A and 2, are returned. Catchwords: DEVELOPMENT APPLICATION – height; foreshore scenic protection area; garage location; compliance with AS2890.1; acoustic impacts; precedent; public interest Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Randwick Local Environmental Plan 2012 Cases Cited: Trueclad Pty Ltd v Baulkham Hills Shire Council [2004] NSWLEC 252 Pam Grant v Ku-ring-gai Council [2005] NSWLEC1 Matouk v Ku-ring-gai Council [2004] NSWLEC 654 Category:Principal judgmentParties: Debbie Biton (Applicant) Randwick City Council (Respondent) Representation: Mr A Boskovitz of Boskovitz & Associates Solicitors (Applicant) Mr A Seton of Marsdens Law Group (Respondent) File Number(s):2016/166856Judgment ACTING COMMISSIONER: This is an appeal under s 97 (1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of a development application (No. DA 754/2015) by Randwick City Council (the Council) to construct a dwelling at 62 Raglan Street (corner Dacre Lane), Malabar (the site)....