Robinson v Randwick City Council [2020] NSWLEC 1606

Land and Environment Court New South Wales

Medium Neutral Citation: Robinson v Randwick City Council [2020] NSWLEC 1606 Hearing dates: Conciliation conference on 26-27 November 2020 Date of orders: 4 December 2020 Decision date: 04 December 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The Applicant is granted leave to rely upon the amended plans and documentation referred to in condition 1 of Annexure 'A'. (2) The clause 4.6 request dated 25 November 2020 prepared by Lockrey Planning and Development Solutions in relation to the minimum subdivision lot size pursuant to clause 4.1 of Randwick Local Environmental Plan 2012 is well founded and upheld. (3) The appeal is upheld. (4) Development Application DA/381/2019 for: (a) Demolition of the existing dwelling and 3 garage structures at 18 and 20 Surfside Avenue, Clovelly; (b) Retention of two garage structures at 20 Surfside Avenue; (c) Boundary adjustment between 18 and 20 Surfside Avenue; and (d) Construction of a part 2 and part 3 storey dwelling house at 18 Surfside Avenue, Clovelly including swimming pool and new vehicular access; is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition, re-subdivision – variation to minimum lot size – new dwelling house – amended plans – conciliation conference – agreement between the parties – orders 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 State Environmental Planning Policy 55—Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Category: Principal judgment Parties: Peter Robinson (First Applicant) Kathleen Robinson (Second Applicant) Randwick City Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicants) V McGrath (Solicitor) (Respondent)