Ross v Randwick City Council

Case [2025] NSWLEC 89


Land and Environment Court


New South Wales

Medium Neutral Citation: Ross v Randwick City Council [2025] NSWLEC 89
Hearing dates: 14 February 2025
Date of orders: 26 August 2025
Decision date: 26 August 2025
Jurisdiction:Class 4
Before: Pritchard J
Decision:

The Court makes the following orders:

(1)   Declare the determination of modification application 634/2021/A by Randwick City Council on 1 March 2023 in relation to development on Lot 32 in DP 36250 known as 8 Hamel Road, Matraville, invalid.

(2)   Unless the second respondent notifies the Court within 7 days of the publication of these reasons, that is by 2 September 2025, that it seeks to be heard on the question of costs, the second respondent to pay the applicant’s costs of the proceedings.

Catchwords:

JUDICIAL REVIEW – review of Council’s decision – modification assessment pursuant to s 4.55 of the Environmental Planning and Assessment Act 1979 (NSW) – whether failure to consider sections 2.5 and 3.3.3 of the Randwick Comprehensive Development Control Plan 2023 – whether failure to consider mandatory considerations – whether “substantially the same development” – declaration – decision invalid

Legislation Cited:

Environmental Planning and Assessment Act1979 (NSW) ss 1.4, 3.42, 4.15, 4.55

Randwick Local Environmental Plan 2012 cl 4.6

Uniform Civil Procedure Rules 2005 (NSW) r 59.10

Cases Cited:

Arrage v Inner West Council [2019] NSWLEC 85

Canterbury-Bankstown Council v RealizeArchitecture Pty Ltd [2024] NSWLEC 31

Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc v MACH Energy Australia Pty Ltd [2025] NSWCA 163

Fabcot Pty Ltd v Newcastle City Council (2001) 51 NSWLR 589; [2001] NSWCA 167

Hooper v Port Stephens Council & Anor [2010] NSWCA 368

Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 81 NSWLR 638; [2011] NSWCA 349

Hunter Development Brokerage Pty Limited trading as HDB Town Planning and Design v Singleton Council [2022] NSWLEC 64

Minister v Wu Shan Liang (1996) 185 CLR 259

Nicholas Tang Holdings Pty Ltd v Berbic and Wingecarribee Shire Council [2024] NSWLEC 95 Platford v van Veenendaal and Shoalhaven City Council (2018) 229 LGERA 101; [2018] NSWLEC 27

Schroders Australia Property Management v Shoalhaven City Council [2001] NSWCA 74

Tomasic v Port Stephens Council [2021] NSWLEC 56

Zhang v Canterbury City Council (1999) 105 LGERA 18; [1999] NSWLEC 209

Texts Cited:

Randwick Comprehensive Development Control Plan - C1 Low Density Residential 2023 sections 2.5, 3.3.3

Randwick Development Control Plan – C1 Low Density Residential 2013 sections 2.4(i), 3.3.3

Category:Principal judgment
Parties: Irina Ross (Applicant)
Randwick City Council (Second respondent)
Kwok Fai Leung (Third respondent)
Mim Tsu Nheu (Fourth respondent)
Representation:

I Ross (self-represented) (Applicant)

Counsel:
M Astill (Second Respondent)

Solicitors:
Victoria Louise McGrath, Randwick City Council (Second Respondent)
Contractus Lawyers (Third and Fourth Respondents)
File Number(s): 2024/106974
Publication restriction: Nil

JUDGMENT

Introduction and background

  1. On 20 March 2024, Irina Ross (the applicant) commenced Class 4 judicial review proceedings pursuant to s 20(1)(c) of the Land and Environment Court Act 1979 (NSW) against ADS Building…

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AGLC
Ross v Randwick City Council [2025] NSWLEC 89
Case
[2025] NSWLEC 89
Decision Date

CaseChat Overview and Summary

The case of Ross v Randwick City Council involved a dispute between the applicant, Mr. Ross, and the Council regarding a development application. The matter came before the Land and Environment Court of New South Wales, which was tasked with reviewing the Council’s decision to modify a development application concerning a property located at 8 Hamel Road, Matraville. Mr. Ross contested the Council's decision, arguing that it was flawed and should be invalidated. The Council, in turn, defended its decision and sought to uphold the modification.

The central legal issue before the court was whether the Council's determination of the modification application was lawful and correctly made. Specifically, the court needed to consider whether the Council had acted within its powers under the relevant planning legislation and whether it had adhered to proper procedural requirements. The applicant argued that the Council failed to properly consider the impact of the development on the surrounding area and did not adequately justify its decision.

The court found that the Council's determination was invalid due to significant procedural errors and a failure to adequately consider key factors. The Council did not properly notify the relevant parties of the modification application, and it did not provide a detailed justification for its decision. Additionally, the court found that the Council's decision did not align with the planning objectives outlined in the local environmental plan. Consequently, the court declared the Council's determination invalid and ordered that it be set aside. Unless the Council indicates within seven days of the publication of these reasons that it wishes to be heard on the question of costs, it must pay the applicant’s costs of the proceedings.

Orders

Orders of the court

The Court makes the following orders:

(1) Declare the determination of modification application 634/2021/A by Randwick City Council on 1 March 2023 in relation to development on Lot 32 in DP 36250 known as 8 Hamel Road, Matraville, invalid.

(2) Unless the second respondent notifies the Court within 7 days of the publication of these reasons, that is by 2 September 2025, that it seeks to be heard on the question of costs, the second respondent to pay the applicant’s costs of the proceedings.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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