NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Spiteri v Randwick City Council [2018] NSWLEC 1113 Hearing dates: 4 and 5 December 2017 Date of orders: 08 March 2018 Decision date: 08 March 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders:
(1) The appeal is dismissed. (2) Development application DA/120/2016 for alterations and additions to an existing boarding house at 236 Alison Road, Randwick, is determined by refusal. (3) The exhibits are returned, with the exception of Exhibits A and 1. Catchwords: Development Application: additions and alterations to an existing boarding house; SEPP Affordable Rental Housing; local character at front and rear; motorbike parking in front setback. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Randwick Local Environment Plan 2013 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Benson McCormack Pty Ltd v Manly Council [2015] NSWLEC 1019 Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 Wehbe v Pittwater Council [2007] NSWLEC 827; (2007) 156 LGERA 446 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: John Spiteri (Applicant) Randwick City Council (Respondent) Representation: Counsel:
M. Staunton (Applicant) K. Gerathy (Respondent)
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