McGregor Westlake Architecture Pty Ltd v Randwick City Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: McGregor Westlake Architecture Pty Ltd v Randwick City Council [2015] NSWLEC 1249 Hearing dates:11 May 2015Decision date: 06 July 2015 Jurisdiction:Class 1Before: Smithson AC Decision: 1. The appeal is upheld;2. Development application (116/2014), as amended, for alterations and additions to the existing flat building including a new café is approved, subject to the conditions in Annexure A; and3. The exhibits, except Exhibits A and 2, are returned. Catchwords: DEVELOPMENT APPLICATION – Alterations and additions to a residential flat building including new café; view impacts; café opening hours and patron numbers Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings Randwick Local Environmental Plan 2012 Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Category:Principal judgmentParties: McGregor Westlake Architecture Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: Mr I Pickles (Applicant) Mr J Robson (Respondent) Solicitors: Mr G Christmas of Apex Law (Applicant) Mr S Patterson of Wilshire Webb Staunton Beattie (Respondent) File Number(s):10828 of 2014Judgment This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of a development application (DA) No. 116/2014 for alterations and additions to a residential flat building and construction of a new café on land known as 58-60 Carr Street, Coogee. The development the subject of the DA specifically comprises; a café/restaurant above an...