Barhom v Randwick City Council [2024] NSWLEC 1357

Land and Environment Court New South Wales

Medium Neutral Citation: Barhom v Randwick City Council [2024] NSWLEC 1357 Hearing dates: 17 April 2024 Date of orders: 27 June 2024 Decision date: 27 June 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The development application (DA/118/2023) for the strata subdivision of an existing attached dual occupancy, at 12 Nurla Avenue, Little Bay is determined by the grant of development consent subject to the conditions in Annexure A. (3) Exhibits A-C and 4 are retained and exhibits D-F and 1-3 are returned. Catchwords: APPEAL – development application – strata subdivision of an existing dual occupancy – calculation of strata lot size – breach of the minimum strata lot size development standard – consistency with the zone objectives concerning housing affordability and housing needs Legislation Cited: Environmental Planning and Assessment Act 1979, s 6.2, 4.15 Interpretation Act 1987, ss 11, 33 Land and Environment Court Act 1979, ss 34, 34AA, 39 Strata Schemes Development Act 2015, ss 4, 6, 9 Randwick Local Environmental Plan 2012 (Amendment No 9) Randwick Local Environmental Plan 2012, cll 1.8A, 2.6, 4.1A, 4.1C, 4.6 Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, s 6.2 State Environmental Planning Policy (Housing) 2021, Ch 3 Pt 1 Cases Cited: AJC United Investment Pty Ltd v Georges River Council [2022] NSWLEC 1343 Albert Square NSW Pty Ltd v Randwick City Council [2021] NSWLEC 1401 Australian Protein Recyclers Pty Limited v Goulburn Mulwaree Shire Council [2006] NSWLEC 641 DM & Longbow v Willoughby City Council (2017) 228 LGERA 342; [2017] NSWLEC 173 Kelly v Randwick City Council [2018] NSWLEC 1322 Kingsford Property Developments v Randwick City Council [2019] NSWLEC 1486 MMP 888 Pty Ltd v Randwick City Council [2019] NSWLEC 1646 Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 143 Parks and Playgrounds Movement Inc v Newcastle City Council (2010) 179 LGERA 346; [2010] NSWLEC 231 Wehbe v Pittwater Council (2007) 156 LRERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Tal Barhom (First applicant) Niv Barhom (Second applicant) Randwick City Council (Respondent) Representation: Counsel: S Berveling (Applicants) A Seton (Solicitor) (Respondent)