Jofilo Pty Ltd v Randwick Municipal Council [1988] NSWLEC 117

Land and Environment Court of New South Wales

CITATION : Jofilo Pty Ltd v Randwick Municipal Council [1988] NSWLEC 117 APPLICANT Jofilo Pty. Limited PARTIES : RESPONDENT Randwick Municipal Council

FILE NUMBER(S) : 10179 of 1987 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act McCulloch v. Randwick Municipal Council ((1986) ; CASES CITED: Buhagiar v. Randwick Municipal Council ((l986); Randwick Municipal Council v. Crawley ((l986) ; Hall v. Shoreham-by-Sea ((1964) DATES OF HEARING: 23/06/1987, 29/04/1988 DATE OF JUDGMENT: 04/29/1988

APPLICANT Mr. Grunstein LEGAL REPRESENTATIVES: RESPONDENT Mr. Brennan

JUDGMENT:

HIS HONOUR: The applicant, Jofilo Pty. Limited, appeals against the refusal by the Randwick Municipal Council to approve an application for the strata subdivision of a residential flat building at 10 Blenheim Street, Randwick, into 6 allotments. The reasons for refusal communicated by the Council on 12 March 1987 were threefold:-

l. The property provides accommodation for low to moderate income earners;

2. The proposal is contrary to the aims of State Environmental Planning Policy No. 10 - Strata subdivision of buildings used for residential purposes (SEPP 10); and

3. The cumulative effect of the strata subdivision on a number of similar sized properties would have a negative effect on the availability of rental accommodation in the area.

The applicant admits that there is a shortage of affordable rental accommodation for low to moderate income earners within the Municipality. The principal issue for determination is whether the subject building provides rental accommodation for people on low to moderate incomes. If this question is answered in the affirmative it is necessary to consider further issues arising under SEPP l0 and section 90 of the Environmental Planning and Assessment Act.