Little Bay South 1 Pty Ltd v Randwick City Council [2010] NSWLEC 1292

Little Bay South 1 Pty Ltd v Randwick City Council [2010] NSWLEC 1292

The proposed development would result in unacceptable adverse impacts on the heritage significance of the Flowers Wards, the Flowers Ward Group and their setting. The lofts would remove significant fabric and fail adequately to interpret the main ward volumes; the number of verandah partitions would impair appreciation of significant verandahs and facades; and the 60 surface parking spaces would detract from the historically open landscape setting and were not consistent with the 2005 Masterplan, DCP 2004 or the relevant conservation policies. The proposal therefore did not satisfy cl 43 of Randwick Local Environmental Plan 1998 or the plan's heritage conservation aim.

Jurisdiction
Australia
Judgment Date
29 October 2010
Procedural Posture
Appeal Against Deemed Refusal of a Development Application Under the Environmental Planning and Assessment Act 1979 / Judgment After Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'adaptive Reuse of Heritage Buildings' 'residential Development' 'heritage Impact' 'on Site Parking' 'development Control Plans' 'master Plan Consistency']
['planning and Environment' 'heritage Conservation'] ['development Application' 'adaptive Reuse of Heritage Buildings' 'residential Development' 'heritage Impact' 'on Site Parking' 'development Control Plans' 'master Plan Consistency']

Case Brief

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Procedural Posture

Appeal Against Deemed Refusal of a Development Application Under the Environmental Planning and Assessment Act 1979 / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed development would have an acceptable impact on the heritage significance of the Flowers Wards and their setting.' 'Whether adequate parking was provided, including whether the absence of visitor parking would adversely impact the local road network.' 'Whether the proposed car parking was consistent with the 2005 Masterplan, DCP 2004 and the heritage conservation policies.']

Ratio Decidendi

The proposed development would result in unacceptable adverse impacts on the heritage significance of the Flowers Wards, the Flowers Ward Group and their setting. The lofts would remove significant fabric and fail adequately to interpret the main ward volumes; the number of verandah partitions would impair appreciation of significant verandahs and facades; and the 60 surface parking spaces would detract from the historically open landscape setting and were not consistent with the 2005 Masterplan, DCP 2004 or the relevant conservation policies. The proposal therefore did not satisfy cl 43 of Randwick Local Environmental Plan 1998 or the plan's heritage conservation aim.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' "The development application (DA/963/2009) for the adaptive reuse of buildings known as the 'Flowers Wards 2, 4, 5 and 6' and the 'Hill Theatre 2' for residential development, car parking, landscaping and strata subdivision at 8-18 Brodie Avenue, 8-18 Curie Street, 6-16 Darwin Avenue,...