Thomas v Randwick City Council [2016] NSWLEC 1158

Land and Environment Court New South Wales

Medium Neutral Citation: Thomas v Randwick City Council [2016] NSWLEC 1158 Hearing dates: 27 April 2016 Date of orders: 27 April 2016 Decision date: 27 April 2016 Jurisdiction: Class 1 Before: Maston AC Decision: 1. The appeal is upheld. 2. Development Application No. DA-203/2015 for alterations and additions to the existing residential flat building at 9 Glenwood Avenue, Coogee is approved subject to the conditions set out in Annexure "A" 3. The exhibits, other than exhibit "A" may be returned Catchwords: DEVELOPMENT APPLICATION: alterations and additions to existing residential flat building; effect on views, sufficiency of parking provision, impact on amenity of existing residential flats in the area Legislation Cited: Environmental Planning and Assessment Act (EP&A Act) Environmental Planning and Assessment Regulations 2000 (EP&A Regulations) State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP(ARH)) State Environmental Planning Policy 65 – Design Quality of Residential Flat Development (SEPP 65) State Environmental Planning Policy – Building Sustainability Index (BASIX) 2004 (SEPP BASIX) Randwick Local Environmental Plan 2012 (RLEP) Randwick Development Control Plan 2013 (RDCP) Category: Principal judgment Parties: Mr Tim Thomas (Applicant) Randwick City Council (Respondent) Representation: Mr A. Whealy, Mills Oakley Lawyers (Applicant) Mr K. Webber, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 11176 of 2015 Publication restriction: No