Martin and Spork Pty Limited v Randwick City Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Martin & Spork Pty Limited v Randwick City Council [2015] NSWLEC 1018 Hearing dates:18 November and 15 December 2014 and 27 January 2015Decision date: 13 February 2015 Jurisdiction:Class 1Before: Whelan AC Decision: See (53) to (55) Catchwords: DEVELOPMENT CONSENT: modification application; amenity; parking; prohibition of use; use of covenant in favour of Council Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Sheer Property Group Pty Ltd & anor v Randwick City Council [2013] NSWLEC 1168 Category:Principal judgmentParties: Martin & Spork Pty Limited (Applicant) Randwick City Council (Respondent) Representation: Counsel: Mr M Staunton, barrister (Applicant) Mr N Eastman, barrister (Respondent) Solicitors: Lawson Plowes Lawyers (Applicant) Norton Rose Fulbright Australia (Respondent) File Number(s):10695 of 2014JudgmentIntroduction This is an appeal pursuant to section 97AA of the Environmental Planning and Assessment Act 1979 (the Act) against a condition imposed by Randwick City Council (the Council) in the Council’s approval of a modification application made pursuant to s 96AA of the Act. The modification application concerns premises at 143-145 Mead Street, Coogee. The modification application sought consent to internal modifications to the layout of units 3 and 4 of the approved development. The internal modifications for which approval was sought were for the conversion of the approved dining space to a media room/study for each unit. The contested condition The condition that is sought to be deleted through these proceedings is condition 2(b) attached to the approval of the modification application....