Dallad Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1021

Land and Environment Court New South Wales

Medium Neutral Citation: Dallad Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1021 Hearing dates: 01 November 2022 Date of orders: 18 January 2023 Decision date: 18 January 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 59/2022 for the demolition of the existing dwelling, construction of two semi-detached dwellings, associated landscaping and swimming pools, and Strata subdivision into two lots, at 41 Carlotta Road, Double Bay, is determined by the grant of consent, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 1, A, B and E, are returned. Catchwords: DEVELOPMENT APPLICATION – application for the construction of semi-detached dwellings and Torrens title subdivision – application properly characterised as dual occupancy (attached) development and Torrens title subdivision because the development is on one lot of land – prohibition of Torrens title subdivision that would create separate titles for each of the two dwellings resulting from a dual occupancy development Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.4, 6.9, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, cl 3 Sch 6 Land and Environment Court Act 1979, s 34 Woollahra Local Environmental Plan 2014, cll 2.6, 4.1, 4.1A, 4.1B, 4.6, 5.21, 6.2, 6.5 Cases Cited: Botany Bay City Council v Pet Carriers International Pty Limited (2013) 201 LGERA 116; [2013] NSWLEC 147 Chamwell Pty Limited v Strathfield Council (2007) 151 LGERA 400; [2007] NSWLEC 114 Gordon & Valich Pty Ltd v City of Sydney Council [2007] NSWLEC 780 Laurence Browning Pty Ltd v Blue Mountains City Council [2006] NSWLEC 74Minister Administering the Crown Lands Act v New South Aboriginal Land Council (1993) 80 LGRA 173 Shire of Perth v O'Keefe (1964) 110 CLR 529 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Dallad Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: J Reid (Applicant) P Rigg (Solicitor) (Respondent)