Roslyn McCulloch, a Partner and a Senior Counsel were recently involved in facilitating consent orders between an applicant and Randwick Council concerning a proposal for demolition of existing structures over two lots (including a tennis court and house), site consolidation and construction of a 4 storey residential flat building containing 16 apartments, with car parking for 29 cars and 12 bicycles.

Despite the proposal involving minor breaches of height and FSR in the LEP and variations to the DCP, resulting in some loss of valuable water views from adjoining properties, after considering Tenacity Consulting v Warringah [2004] NSWLEC 140, it was accepted that a fully compliant development would also have the same result. As the development achieved the objectives of the medium density zone, approval was forthcoming and consent orders entered into by the Parties.

Overall, a great result!

Link to judgment