Kavaluro Pty Ltd v Randwick City Council [2019] NSWLEC 1615

Kavaluro Pty Ltd v Randwick City Council [2019] NSWLEC 1615

Although the Court was satisfied that the cl 4.6 written request justified variation of the building height standard and that the built form was otherwise compatible with the desired future character and R3 zone objectives, consent was refused because the proposed parking, access, servicing and loading arrangements were unsatisfactory. The constrained site, proximity to the signalised intersection and light rail corridor, non-standard driveway, unsafe waste collection manoeuvres, likely queuing, heavy reliance on multiple mechanical devices, and inadequate demonstrated clearances meant the Court could not be satisfied that vehicle and pedestrian movements would be safe or that the...

Jurisdiction
Australia
Judgment Date
12 December 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application Da/281/2018 / Final Determination After Hearing
Outcome
Appeal dismissed; development application refused consent.
Legal Topics
['development Application' 'boarding House' 'consulting Room' 'building Height Development Standard' 'clause 4.6 Variation' 'parking' 'traffic' 'vehicle Access' 'servicing and Loading' 'pedestrian Safety']
['planning and Environment Law'] ['development Application' 'boarding House' 'consulting Room' 'building Height Development Standard' 'clause 4.6 Variation' 'parking' 'traffic' 'vehicle Access' 'servicing and Loading' 'pedestrian Safety']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application Da/281/2018 / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether the proposed development was compatible with the character of the local area and desired future character of the Randwick Education and Health Specialised Centre.' 'Whether the written request under cl 4.6 of Randwick Local Environmental Plan 2012 justified contravention of the 15m building height development standard.' 'Whether car parking, servicing, loading and vehicle access arrangements could be satisfactorily accommodated on the constrained site.' 'Whether the development was consistent with the objectives of the R3 Medium Density Residential zone.' 'Whether the site was suitable for the proposed development.']

Ratio Decidendi

Although the Court was satisfied that the cl 4.6 written request justified variation of the building height standard and that the built form was otherwise compatible with the desired future character and R3 zone objectives, consent was refused because the proposed parking, access, servicing and loading arrangements were unsatisfactory. The constrained site, proximity to the signalised intersection and light rail corridor, non-standard driveway, unsafe waste collection manoeuvres, likely queuing, heavy reliance on multiple mechanical devices, and inadequate demonstrated clearances meant the Court could not be satisfied that vehicle and pedestrian movements would be safe or that the...

Court Disposition

Appeal dismissed; development application refused consent.

Orders

  • ['The appeal is dismissed.' "Development application DA/281/2018 for demolition of existing buildings and construction of a new building comprising a consulting room, 31 boarding rooms across the four levels, a boarding house manager's room and associated communal and service areas. parking and loading areas at 47...