Kassis v Randwick City Council

Land and Environment Court New South Wales Medium Neutral Citation: Kassis v Randwick City Council [2014] NSWLEC 1233 Hearing dates:21 October 2014Decision date: 21 October 2014 Jurisdiction:Class 1Before: Tuor C Decision: See paragraph 21 Catchwords: DEVELOPMENT APPLICATION: residential flat building. Consent Orders. Legislation Cited: State Environmental Planning Policy No 65 State Environmental Planning Policy - Design Quality of Residential Development (Affordable Rental Housing) 2009 Randwick Local Environmental Plan 2012 Category:Principal judgmentParties: Mr Anthony Kassis (Applicant) Randwick City Council (Respondent) Representation: Mr A Whealy of Gadens (Applicant) Mr S Patterson of Wilshire Webb Staunton Beattie (Respondent) File Number(s):10392 of 2014 JudgmentCOMMISSIONER: This is an appeal under s 97 of the EnvironmentalPlanningandAssessmentAct 1979 against the refusal by Randwick City Council (council) of a development application (617/2013) for the demolition of an existing dwelling and construction of a four-storey residential flat building with 13 units and basement parking for eight cars at 44 Arthur Street, Randwick (site).The applicant sought and was granted leave to rely on amended plans (exhibit A). The issues identified in council's Statement of Facts and Contentions filed on 10 July 2014 have been resolved through the amended plans and proposed conditions and the parties are seeking consent orders.Site and localityThe site is located on the southern side of Arthur Street and is currently occupied by a singlestorey house. It is rectangular in shape with a frontage of 12.19 metres and an overall area of 504.7 square metres. To the east, the site adjoins a residential flat building (46 -...