Ryder v Randwick City Council

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Ryder v Randwick City Council [2024] NSWLEC 1590

Hearing dates:

30-31 May 2024

Date of orders:

25 September 2024

Decision date:

25 September 2024

Jurisdiction:

Class 1

Before:

Porter C

Decision:

The Court orders:

(1) The appeal is dismissed.

(2) 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.

(3) The exhibits are returned except for A, B and 2.

Catchwords:

DEVELOPMENT APPLICATION – garage – road reserve - retaining wall - streetscape impacts – public domain - heritage conservation area – character

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 8.7

Land and Environment Court Act 1979, s 34AA

Environmental Planning and Assessment Regulation 2021, ss 37, 38

Randwick Local Environmental Plan 2012, cll 5.10

Cases Cited:

Davies v Penrith City Council [2013] NSWLEC 1141

Texts Cited:

Randwick Development Control Plan 2023

GML Heritage Study 2003

GML Heritage Study 2009

Category:

Principal judgment

Parties:

Katie Louise Ryder (First Applicant)
Michael John Boman (Second Applicant)
Randwick City Council (Respondent)

Representation:

Counsel:
R White (Applicants)
A Pearman (Respondent)

Solicitors:
Project Lawyers (Applicants)
Randwick City Council (Respondent)

File Number(s):

2023/330612

Publication restriction:

Nil

JUDGMENT

1. COMMISSIONER: The Applicants, Katie Louise Ryder and Michael John Boman (Ryder & Boman) have appealed pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against Randwick City Council’s (Council) deemed refusal of development application no. 418/2023 (DA). The DA seeks development consent for alterations and additions to the existing dwelling including a first-floor addition, partial removal of Council’s sandstone retaining wall, excavation for a new basement garage and crossover to kerb, new Council pedestrian stairs and footbridge and associated works at 241 Darley Road, Randwick, legally described as Lot 119 DP 3024 (site).

2. The appeal is a residential appeal and in accordance with s 34AA of the Land and Environment Court Act 1979 (LEC Act), commenced as a conciliation conference. As agreement could not be reached between the parties to resolve the issues, the conciliation conference was terminated, and the hearing commenced immediately. The parties agreed for the evidence from the site viewing and conciliation discussions to be considered in the hearing.

3. As a result of joint expert reporting and discussions between the parties, the only remaining contention pressed by Council was the garage access through the sandstone retaining wall located on public land.

4. As set out below, I find that the proposed development warrants refusal as it would introduce a significant breach to the unbroken sandstone retaining wall, significant changes to the public domain and would be incompatible with the character of the streetscape, contrary to the intent of the planning controls.

Amended application

5. At the hearing, Ryder & Boman sought and were granted leave to amend the DA pursuant to ss 37 and 38 of the Environmental Planning and…