Written by The applicant (Samavi) in Samavi v Randwick City Council [2024] NSWLEC 1051 appealed a refused development application for their Randwick property pursuant to s8.7(1) of the Environmental Planning and Assessment Act 1979. The applicant was granted leave to amend their application to resolve the issues proposed by the Council (respondent) which included that:
- The proposal was not accompanied by a heritage impact statement
- The proposal did not demonstrate the development was consistent with the objectives in the Randwick Local Environmental Plan 2012
- The proposal was out of character with the characteristics of the heritage conservation area and the streetscape
- The proposal would result in the loss of views for some apartment complexes rear of the property
The property was located in an R3 medium density residential zone pursuant to the Randwick Local Environmental Plan 2012, therefore, the objectives of the plan must be upheld in accordance with the development application. The Court considered both public submissions and expert evidence. The amended application by the applicant sought to consider the issues raised by the Council. The Court concluded that the development proposal would not detrimentally impact the heritage significance of an adjoining property in North Randwick. The Court also found that the proposal was compatible with the characteristics of the heritage conservation area as the area consisted of a mix of mid-century dwellings and multi-storey residential flat buildings. Therefore, the appeal was upheld, and the development application was granted. This case acts as a reminder that development applications may be approved even if the proposal and building plans are not distinctly reflective of the characteristics of the area.