Eather v Randwick City Council [2021] NSWLEC 1075

Land and Environment Court New South Wales

Medium Neutral Citation: Eather v Randwick City Council [2021] NSWLEC 1075 Hearing dates: 3 February 2021 Date of orders: 10 March 2021 Decision date: 10 March 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Applicant's request pursuant to clause 4.6 of Randwick Local Environmental Plan 2012 (in relation to the minimum lot size standard at clause 4.1 of the Randwick Local Environmental Plan 2012), prepared by Solutions Zane Land Use Planning Services, is upheld. (2) The appeal is upheld. (3) Development Application DA/28/2020 for Torrens Title subdivision of an approved dual occupancy at 3 Hastings Avenue Chifley, is approved subject to the conditions included at Annexure "A". (4) Exhibits 2, 3 and B are returned. Catchwords: DEVELOPMENT APPLICATION – dual occupancy – minimum lot size – compliance with DCP controls – subdivision – consequential changes to building categorisation – precedent Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.9, 8.7 Land and Environment Court Act 1979, s 34AA Randwick Local Environmental Plan 2012, cll 2.6, 4.1, 4.6 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Emmott v Ku-ring-gai Municipal Council (1954) 3 LGRA 177 Goldin v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Moskovich v Waverley Council [2016] NSWLEC 1015 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: Paul Eather (Applicant) Randwick City Council (Respondent) Representation: Counsel: J Palmer (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)