Davies v Randwick Council [2011] NSWLEC 1350

Land and Environment Court New South Wales

Medium Neutral Citation: Davies v Randwick Council [2011] NSWLEC 1350 Hearing dates: 26, 27 September 2011, 7 October 2011 Decision date: 07 October 2011 Jurisdiction: Class 1 Before: Murrell C Decision: (1)The appeal in respect of the property known as 2 Wolseley Road, Coogee, is upheld. (2)The State Environmental Planning Policy No 1 objection to vary the floor space ratio contained in Randwick Local Environmental Plan clause 20F is allowed. (3)The development application for three residential apartments and basement parking for six vehicles is granted approval subject to the conditions in annexure A. (4)The exhibits may be returned to the parties with the exception of exhibit 5, exhibit 2, exhibit N, O and the rest may be returned to the parties, however, I will hang on to the exhibits except for the finishes and materials board until the judgment is published. Catchwords: Development Application for residential flat building - impact on adjoining properties - view loss and solar access, SEPP 1 objection to vary the floor space ratio Legislation Cited: Environmental Planning and Assessment Act 1979 Randwick City Council Local Environmental Plan Cases Cited: Botany Bay City Council v Premier Customs Services Pty Limited [2009] NSWCA 226 Botany Bay City Council v Ralansaab Corporation Pty Limited (2011) NSWCA COA at 308 Wehbe v Pittwater Council [2007] NSWLEC 827 Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46 Zhang v Canterbury City Council [2001] NSWCA 167 Category: Principal judgment Parties: Leigh and Katrina Davies (Applicants)