Ryder v Randwick City Council [2024] NSWLEC 1590

Ryder v Randwick City Council [2024] NSWLEC 1590

The application was refused because the proposal for a new basement garage and alterations to the public domain would introduce a visually intrusive break in an unbroken sandstone retaining wall, alter the gradient and balustrading of the public footpath, and conflict with the intent and controls of the Randwick Development Control Plan, particularly Part B7 control 3.8, outweighing any benefit from off-street parking. The sandstone retaining wall was not found to have heritage significance under current listings, but the public domain and streetscape impacts justified refusal of consent.

Parties
First Applicant: Katie Louise Ryder; Second Applicant: Michael John Boman; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
25 September 2024
Procedural Posture
Class 1 Appeal / Final Judgment After Contested Hearing
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Application, Heritage Conservation, Local Environmental Planning, Streetscape Character, Public Domain
Planning and Environment Law Development Application Heritage Conservation Local Environmental Planning Streetscape Character Public Domain

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 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Katie Louise Ryder

First Applicant

Michael John Boman

Second Applicant

Randwick City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the development application for alterations and additions including a new basement garage and works on public land at 241 Darley Road, Randwick should be approved, having regard to heritage, planning controls, and streetscape impacts

Ratio Decidendi

The application was refused because the proposal for a new basement garage and alterations to the public domain would introduce a visually intrusive break in an unbroken sandstone retaining wall, alter the gradient and balustrading of the public footpath, and conflict with the intent and controls of the Randwick Development Control Plan, particularly Part B7 control 3.8, outweighing any benefit from off-street parking. The sandstone retaining wall was not found to have heritage significance under current listings, but the public domain and streetscape impacts justified refusal of consent.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • Development application No. 418/2023 for the alterations and additions to the existing dwelling including a first-floor addition, new basement garage and works on public land at 241 Darley Road Randwick is determined by refusal of consent.