Arkibis Pty Ltd t/a Arkhaus v Randwick City Council [2019] NSWLEC 1020

Arkibis Pty Ltd t/a Arkhaus v Randwick City Council [2019] NSWLEC 1020

The variation to parking controls is justified given the inability to provide compliant on-site parking due to retention of a contributory building, the site's proximity to high quality public transport, the provision of a car share pod, positive heritage impacts, and sufficient on-street parking to absorb the limited demand generated. The proposal satisfies the planning objectives and the objects of the Act, and the flexibility afforded by the DCP is appropriately exercised.

Parties
Applicant: Arkibis Pty Ltd t/a Arkhaus; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
22 January 2019
Procedural Posture
Appeal (class 1 Development Application) / Final Judgment / Orders
Outcome
Appeal upheld; Development Application approved subject to conditions.
Legal Topics
Development Application, Residential Flat Building, Parking Provision, Transport, Heritage, Variation to Development Control
Planning and Environment Development Application Residential Flat Building Parking Provision Transport Heritage Variation to Development Control

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Parties

Arkibis Pty Ltd t/a Arkhaus

Applicant

Randwick City Council

Respondent

Procedural Posture

Appeal (class 1 Development Application) / Final Judgment / Orders

Legal Issues

  1. 1 Whether the proposed development of residential flats with no onsite parking is acceptable under the relevant planning controls and considering the proximity to public transport
  2. 2 Whether variation to the numerical parking controls under the Randwick DCP 2013 is justified
  3. 3 Whether the lack of on-site parking sets an undesirable precedent

Ratio Decidendi

The variation to parking controls is justified given the inability to provide compliant on-site parking due to retention of a contributory building, the site's proximity to high quality public transport, the provision of a car share pod, positive heritage impacts, and sufficient on-street parking to absorb the limited demand generated. The proposal satisfies the planning objectives and the objects of the Act, and the flexibility afforded by the DCP is appropriately exercised.

Court Disposition

Appeal upheld; Development Application approved subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application No. DA/252/2017 for demolition of the existing outbuilding and garage; alterations and additions to the existing residential flat building and construction of a new two storey residential flat building to the rear of 4 Prince Street, Randwick; is approved, subject to conditions in Annexure A.