Woodbridge v Randwick City Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Woodbridge v Randwick City Council [2024] NSWLEC 1270

Hearing dates:

30 April 2024

Date of orders:

28 May 2024

Decision date:

28 May 2024

Jurisdiction:

Class 1

Before:

Bish C

Decision:

The Court orders that:

(1) The appeal is upheld.

(2) Development Consent DA/315/2020 is modified by consent in the terms set out in Annexure A.

(3) Development Consent DA/315/2020 is subject to the consolidated conditions as modified by the Court and described in Annexure B.

Catchwords:

MODIFICATION APPLICATION – improved amenity to an adjoining resident – privacy screening attached to dwelling – optimised view sharing

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 4.15, 4.55

Land and Environment Court Act 1979, s 34AA

Environmental Planning and Assessment Regulation 2021, ss 98, 113

Randwick Local Environmental Plan 2012

Cases Cited:

Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140

Texts Cited:

Randwick City Community Engagement Strategy

Randwick Development Control Plan 2013

Category:

Principal judgment

Parties:

Dean Joseph Woodbridge (First Applicant)
Yasmin Noni Woodbridge (Second Applicant)
Randwick City Council (Respondent)

Representation:

Counsel:
O’Gorman-Hughes (Applicants)
Astill (Respondent)

Solicitors:
G Hartley (Applicants)
V McGrath (Respondent)

File Number(s):

2024/21692

Publication restriction:

Nil

Judgment

1. COMMISSIONER: This is an appeal relating to Modification Application DA/315/2020/B (MA) seeking to amend conditions attached to Development Consent DA/315/2020 (the Consent), for the demolition of existing structures and construction of a dwelling on CP, Lot 1, Lot 2 and SP14795, also known as 7 Inman Street, Maroubra (the site).

2. The Consent was approved by Randwick City Council (hereafter the Council) on 6 January 2022, and subsequently modified by consent of Modification Application DA/315/202/A on 2 May 2022, pursuant to s 4.55(1A) of the Environmental Planning and Assessment Act 1979 (EPA Act).

3. The MA under appeal was lodged and approved by Council on 19 October 2023 and January 2024, respectively. The Consent was modified relating to Conditions 2 (a-n).

4. The Applicants appeal relates to the amendments made to Conditions 2(a), (b) and the addition of Condition 2(n), as described in the Statement of Facts and Contentions, dated 4 March 2024. The appeal is made pursuant to s 8.9 of the EPA Act, under consideration of s 4.55(2). The conditions that are assessed are described below:

Condition 2a:

a. A privacy screen having a height of 1.6m (measured above finished level) shall be provided to the northern side of the front, ground level terrace. The width of the screen shall measure 1.7m starting from the front building elevation towards the western front boundary.

The privacy screen must be constructed with either:

• Translucent or obscured glazing (The use of film applied to the clear glass pane is unacceptable);

• Fixed lattice/slats with individual openings not more than 30mm wide;

• Fixed vertical or horizontal louvres with the individual blades angled and spaced appropriately to prevent overlooking into the private open space or windows of the adjacent dwellings.

Condition 2b

b. The following window/s must have a…