Stalwart International Pty Limited v Randwick City Council [2022] NSWLEC 1080

Land and Environment Court New South Wales

Medium Neutral Citation: Stalwart International Pty Limited v Randwick City Council [2022] NSWLEC 1080 Hearing dates: Conciliation conference on 19 August 2021; Hearing on 19 and 20 August 2021 Date of orders: 21 February 2022 Decision date: 21 February 2022 Jurisdiction: Class 1 Before: Bindon AC Decision: The orders of the Court are: (1) The Applicant's amended written request under cl 4.6 of the Randwick Local Environmental Plan 2012 (RLEP) prepared by Jennie Askin of aSquare Planning Pty Ltd dated 16 July 2021 seeking a variation of the minimum lot size development standard at cl 4.1 of the RLEP is upheld. (2) The appeal is upheld. (3) Development Consent is granted to Development Application DA/45/2021 for Torrens title subdivision of an approved dual occupancy into two lots at 31 Windsor Street, Matraville subject to conditions contained in Annexure 'A'. (4) The exhibits are returned with the exception of Exhibits B, E, G, K, M and 3. Catchwords: DEVELOPMENT APPLICATION – subdivision into 2 lots – cl 4.6 variation to minimum lot size - s34AA conciliation conference and hearing Legislation Cited: Environmental Planning and Assessment Act 1979 ss 3.34, 3.9, 4.15, 8.7, 8.14 Land and Environment Court Act 1979 s 34AA Randwick Local Environmental Plan 2012 cll 2.3, 2.6, 4.1, 4.1D, 4.4, 4.5, 4.6 Cases Cited: Eather v Randwick City Council [2021] NSWLEC 1075 Emmott v Ku-ring-gai Municipal Council (1954) 3 LGRA 177 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Goldin and Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 121 LGERA 101; [2002] NSWLEC 75 Schaffer Corporation Ltd v Hawkesbury City Council (1992) 77 LGERA 21; [1992] NSWLEC 76 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, April 2021 Randwick Development Control Plan 2012 Category: Principal judgment Parties: Stalwart International Pty Limited (Applicant) Randwick City Council (Respondent) Representation: Counsel: D Briggs (Solicitor) (Applicant) S Flanigan (Respondent)