HKArchidraft v Randwick City Council [2019] NSWLEC 1009

HKArchidraft v Randwick City Council [2019] NSWLEC 1009

Although the proposed boarding house satisfied the relevant SEPP ARH standards, was compatible with the local area character, and the reverse manoeuvre into the single accessible parking space was acceptable on the merits, the development could not be approved because the available stopping sight distances for vehicles exiting the site significantly failed AS2890.1 and the Court was not satisfied on the evidence that the proposed B600 convex mirror would adequately mitigate the safety risks, particularly given the proximity of St Spyridon's Public School and likely pedestrian and vehicle movements in Day Lane and Doran Street. The development was therefore not in the public interest and...

Jurisdiction
Australia
Judgment Date
18 January 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application DA 598/2016 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Principal Judgment After Hearing
Outcome
Leave to amend the development application was granted; the appeal was dismissed; development application DA 598/2016, as amended, was determined by refusal.
Legal Topics
['boarding House Development' 'affordable Rental Housing' 'compatibility With Local Area Character' 'traffic and Parking' 'accessible Parking' 'stopping Sight Distances' 'public Interest']
['planning and Environment Law' 'development Consent'] ['boarding House Development' 'affordable Rental Housing' 'compatibility With Local Area Character' 'traffic and Parking' 'accessible Parking' 'stopping Sight Distances' 'public Interest']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application DA 598/2016 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the character of the proposed development at its rear presentation to Day Lane was compatible with the character of the local area.' 'Whether it was acceptable that the accessible parking space on Day Lane would be accessed by a reversing parking manoeuvre.' 'Whether the sight lines available to drivers of vehicles departing the Subject Site from the accessible car space or from the basement car park were acceptable.']

Ratio Decidendi

Although the proposed boarding house satisfied the relevant SEPP ARH standards, was compatible with the local area character, and the reverse manoeuvre into the single accessible parking space was acceptable on the merits, the development could not be approved because the available stopping sight distances for vehicles exiting the site significantly failed AS2890.1 and the Court was not satisfied on the evidence that the proposed B600 convex mirror would adequately mitigate the safety risks, particularly given the proximity of St Spyridon's Public School and likely pedestrian and vehicle movements in Day Lane and Doran Street. The development was therefore not in the public interest and...

Court Disposition

Leave to amend the development application was granted; the appeal was dismissed; development application DA 598/2016, as amended, was determined by refusal.

Orders

  • ["The Applicant is granted leave to amend the development application and rely on the amended plans referred to in Annexure 'A' to this judgment;" 'The appeal is dismissed;' 'Development application DA 598/2016, as amended, for the demolition of existing structures and the construction of a boarding house with...