Ideal Coogee Pty Limited v Randwick City Council [2015] NSWLEC 1142

Ideal Coogee Pty Limited v Randwick City Council [2015] NSWLEC 1142

The proposed development satisfied the relevant solar access control because the living/dining area of No 28 Raleigh Street was serviced by three windows, one of which would retain 3 hours sunlight, while the impact on W14 was limited to about 10% of the window at 3pm and was not a ground for refusal. The clause 4.6 request justified variation of the building height development standard, and on the evidence and s79C considerations there was no reason why consent should not be granted.

Jurisdiction
Australia
Judgment Date
13 May 2015
Procedural Posture
Class 1 Development Application Appeal / Appeal From Refusal of Development Consent
Outcome
Appeal upheld; development application approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'residential Flat Building' 'solar Access' 'building Height Development Standard Variation' 'development Control Plan Compliance']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'solar Access' 'building Height Development Standard Variation' 'development Control Plan Compliance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Application Appeal / Appeal From Refusal of Development Consent

Legal Issues

  1. 1 ['Whether the proposed residential flat building would cause unacceptable or non-compliant solar access impacts to No 28 Raleigh Street, Coogee.' 'Whether the written objection to the building height development standard should be accepted under clause 4.6 of Randwick Local Environmental Plan 2012.' 'Whether development consent should be granted having regard to s79C of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

The proposed development satisfied the relevant solar access control because the living/dining area of No 28 Raleigh Street was serviced by three windows, one of which would retain 3 hours sunlight, while the impact on W14 was limited to about 10% of the window at 3pm and was not a ground for refusal. The clause 4.6 request justified variation of the building height development standard, and on the evidence and s79C considerations there was no reason why consent should not be granted.

Court Disposition

Appeal upheld; development application approved subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application DA/88/2014 for the demolition of an existing two storey dwelling house and construction of a residential flat building containing 8 dwellings at No 137 Carrington Road, Coogee is approved subject to the conditions in Annexure A.' 'The exhibits, other than exhibits A,...