Leung Cha Pty Ltd v Randwick City Council [2021] NSWLEC 1602

Land and Environment Court New South Wales

Medium Neutral Citation: Leung Cha Pty Ltd v Randwick City Council [2021] NSWLEC 1602 Hearing dates: Conciliation on 8 October 2021 Date of orders: 14 October 2021 Decision date: 14 October 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The request pursuant to cl 4.6 of the Randwick Local Environmental Plan 2012 (RLEP) to dispense with compliance with the minimum subdivision lot size control in the RLEP is upheld. (2) The appeal is upheld. (3) Development consent to DA/148/2021 is granted for the Torrens title subdivision of the existing dual occupancy located at 34 – 34A Eyre Street, Chifley NSW 2036 into two (2) allotments (variation to minimum lot size of the RLEP) subject to the conditions of consent at Annexure A. Catchwords: APPEAL – development application – Torrens title subdivision – cl 4.6 request to vary minimum lot size – conciliation conference – agreement reached Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979 ss 34, 34AA Randwick Local Environmental Plan 2012 cll 4.1, 4.1D, 4.6 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 cl 6.4 Category: Principal judgment Parties: Leung Cha Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) R White (Respondent)

Solicitors: Bick and Steele (Applicant) Randwick City Council (Respondent) File Number(s): 2021/180104 Publication restriction: No