Dimitri Dilles v Randwick City Council

Dimitri Dilles appealed against the decision of the Local Planning Panel, which refused his application for a development approval for the demolition of an existing boarding house and the construction of a residential flat building at 115 Dolphin Street, Coogee. The Local Planning Panel's decision was based on the proposal not being in accordance with the Coogee Village Neighbourhood Plan. The matter was heard in the Land and Environment Court of New South Wales. The primary issue the Court had to decide was whether the Local Planning Panel's decision to refuse the development application was unreasonable. The applicant contended that the Panel had failed to give proper consideration to the proposal, and that the refusal was not supported by the evidence. The respondent, the Randwick City Council, argued that the Panel's decision was correct, and that the proposal did not comply with the Neighbourhood Plan.

The Court found that the Panel's decision was unreasonable. The Court held that the Panel had not properly considered the proposal, and had failed to provide adequate reasons for its decision. The Court also held that the proposal was consistent with the Neighbourhood Plan, and that the Panel's refusal of the application was not supported by the evidence. The Court found that the proposal was consistent with the Neighbourhood Plan, and that the Panel had not properly considered the proposal. The Court held that the proposal was consistent with the Neighbourhood Plan, and that the Panel's refusal of the application was not supported by the evidence. The Court held that the Panel's decision was unreasonable, and that the development application should be approved subject to certain conditions. The Court approved the development application, subject to the conditions set out in Annexure A of the judgment.