Dimitri Dilles v Randwick City Council [2017] NSWLEC 1202

Land and Environment Court New South Wales

Medium Neutral Citation: Dimitri Dilles v Randwick City Council [2017] NSWLEC 1202 Hearing dates: 21-22 February and March 30, 2017 Date of orders: 26 April 2017 Decision date: 26 April 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is upheld. 2. DA/935/2015 for the demolition of an existing boarding house and construction of a residential flat building at 115 Dolphin Street, Coogee is approved subject to the conditions in Annexure A. 3. The exhibits, except Exhibits E, J, L, O, 2, 8 and 10, are returned. Catchwords: DEVELOPMENT APPLICATION – residential flat building; overdevelopment; FSR exceedence; clause 4.6; loss of affordable housing; no parking; car sharing scheme; resident objections Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Randwick Local Environmental Plan 2012 Cases Cited: Veloshin v Randwick Council [2007] NSWLEC428 Sheer Property Group Pty Ltd & anor v Randwick City Council [2013] NSWLEC 1168 Category: Principal judgment Parties: Dimitri Dilles (Applicant) Randwick City Council (Respondent) Representation: Counsel: Mr I Hemmings (A) Mr M Astill (R) Solicitors: Mr G Hartley, Hartley Solicitors (Applicant) Ms V McGrath, Norton Rose Fullbright (Respondent) File Number(s): 2016/201677