NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: ARTZ 2 Design Pty Ltd trading as Gelder v Randwick City Council [2015] NSWLEC 1070 Hearing dates: 24 March 2015 Date of orders: 26 March 2015 Decision date: 26 March 2015 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld – see [61] Catchwords: DEVELOPMENT APPLICATION: Boarding house Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development State Environmental Planning Policy (Affordable Rental Housing) 2009 Randwick Local Environmental Plan 2012 Category: Principal judgment Parties: Artz 2 Design Pty Limited trading as GELDER (Applicant) Randwick City Council (Respondent) Representation: Counsel: Applicant: Mr M Staunton (Barrister) Respondent: Ms P Hudson (Solicitor)
Solicitors: Applicant: Schmidt-Liermann Pty Ltd Respondent: Marsdens Law Group File Number(s): 10790 of 2014
Judgment 1. COMMISSIONER: The applicant appeals Randwick City Council's deemed refusal of a development application for the demolition of a residential flat building and all ancillary structures and the construction of a boarding house at 72-74 Mount Street, Coogee (the site). 2. The appeal is made under s 97(1) of the Environmental Planning and Assessment Act 1979 (the Act).
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