Black v Randwick City Council [2010] NSWLEC 1164

Land and Environment Court of New South Wales

CITATION : Black v Randwick City Council [2010] NSWLEC 1164

Anthony Black Applicant PARTIES : Randwick CIty Council Respondent

FILE NUMBER(S) : 10287 of 10

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT APPLICATION :- Subdivision of attached dual occupancy, SEPP1 objection to minimum lot sizes, protection and enhancement of local amenity

EP & A Act 1979 LEGISLATION CITED: Randwick Local Environmental Plan 1998 State Environmental Planning Policy 1 - Development Standards

CASES CITED: Wehbe -v- Pittwater Council [2007] NSWLEC827

DATES OF HEARING: 28 June 2010

DATE OF JUDGMENT: 2 July 2010

Applicant; Ms M Lynne-Taylor LEGAL REPRESENTATIVES: Solicitor Respondent; Mr P Rigg Solicitor

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

2 July 2010

10287 of 2010 Anthony Black v Randwick City Council

JUDGMENT Background 1 This appeal was lodged against council's refusal of a development application for a 2-lot Torrens Title subdivision of an approved attached dual occupancy development situated at 31 Fischer St, Kingsford. The threshold issue in this manner concerns the adequacy of a SEPP 1 objection to the minimum lot size development standard of 450 sq m. 2 The site is situated on the corner of Smith Street and the proposal is to create the following lots: - Lot 11; with a total area of 387 sq m, a 12 m frontage to Fisher Street and 32m frontage to Smith Street. - Lot 12; with an area of 339 sq m and 31 m frontage to Smith Street. The site 3 This corner lot is rectangular in shape with an area of 726.3 sq m and a northern (front) boundary of 12.08 m and western (secondary side) boundary of 62.635 m. the site is relatively flat with a minor gradient of approximately 1 m from south (rear) to the north (front). 4 The existing development on the site comprises 2 dwellings originally approved as an attached dual occupancy. The original single storey dwelling is situated on the proposed Lot 11 and some works including partial demolition of the rear portion of the dwelling and construction of an external covered terrace and garage have not yet been completed. The new 2 - storey dwelling with enlarged single garage has been constructed on the proposed Lot 12 with direct access to Smith Street. Planning controls 5 The following planning controls apply: 1. Environmental Planning and Assessment Act, 1979 2. State Environmental Planning Policy 1 -- Development Standards. 3. State Environmental Planning Policy 55 -- Remediation of Land. 4. State Environmental Planning Policy (Affordable Rental Housing) 2009 5. State Environmental Planning Policy -- BASIX 2000 6. Randwick LEP 1998 (RLEP) (version 14 December 2008 to 14 January 2010). Under this LEP the site is zoned 2A (Residential A Zone). Clause 21 deals with subdivisions and clause 30 (1) contains the standards for minimum lot the sizes and clause 30 (3) contains the minimum allotments size for subdivision of attached dual occupancies . 7. Randwick LEP 1998 (Consolidated amendment on 15 January 2010) . 8. Development Control Plan -- Dwelling Houses and Attached Dual Occupancies . 9. Development Control Plan - Parking. The evidence 6 Detailed assessments of the proposal within the planning framework were undertaken by: + Mr S Harding; Consulting town planner for council. + Mr M Neustein; Consulting architect/planner for the applicant. 7 The prevailing controls are those contained within the RLEP 1998 wherein the relevant aims of the plan are: (I) to encourage the provision of housing mix and tenure choice, including affordable housing, in the City, and (m) to encourage the retention of affordable housing in the City in a variety of types and tenures.