NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Sheer Property Group Pty Ltd v Randwick City Council [2010] NSWLEC 1363
APPLICANT Sheer Property Group Pty Ltd PARTIES : RESPONDENT Randwick City Council
FILE NUMBER(S) : 10703 of 2010
CORAM: Pearson C
DEVELOPMENT CONSENT :- Subdivision of attached dual occupancy KEY ISSUES: Minimum allotment size SEPP 1 objection
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 1 - Development Standards Randwick Local Environmental Plan 1998 (Consolidation)
Winten Property Group Ltd v North Sydney Council (2001) 130 LGERA 79 CASES CITED: Wehbe v Pittwater Council (2007) 156 LGERA 446 Black v Randwick City Council [2010] NSWLEC 1164
DATES OF HEARING: 29 November 2010
DATE OF JUDGMENT: 30 December 2010
APPLICANT Mr I Hemmings, barrister Instructed by Mr G Christmas LEGAL REPRESENTATIVES: Apex Planning and Environment Law RESPONDENT Mr P Rigg, solicitor Norton Rose
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Commissioner Pearson
30 December 2010
10703 of 2010 Sheer Property Group Pty Ltd v Randwick City Council
JUDGMENT 1 Commissioner: On 25 February 2010 the applicant applied to the respondent Council for development consent to demolish an existing two story residential flat building at 254 Clovelly Road Coogee (the site), construct two attached dwellings on the site, and subdivide the site into two lots. 2 On 25 August 2010 the Council granted development consent to DA 123/2010, subject to conditions which included condition 2: 2. The proposed subdivision of the subject site is not approved and must be deleted from the plans and documentation submitted for the construction certificate. 3 The applicant appeals under s97 of the Environmental Planning and Assessment Act 1979 (the Act) against the imposition of condition 2. The issue between the parties is whether an objection under State Environmental Planning Policy No 1 – Development Standards (SEPP 1) to compliance with the minimum allotment size should be upheld so that the subdivision can be approved. The parties have agreed on conditions that should be imposed if the objection is upheld and condition 2 deleted. The site and locality 4 The site has an area of 508.5 sqm, with 14.020m frontage (with pedestrian access) to Clovelly Road. The site also has a frontage with vehicle access to Dans Avenue. Each of the two approved dwellings has four bedrooms and a two car garage. If approval is granted to subdivide the site, each allotment would have a frontage of 7.010m, and a site area of 254.25 sqm. 5 The section of Clovelly Road between Arden Street and Dans Avenue in which the site is located contains a number of semi-detached single dwelling houses on lots varying between 230 sqm to 260 sqm. The adjoining property to the west has a two storey residential flat building. The adjoining property to the east is a pair of part one and part two storey semi detached dwellings. Planning controls 6 The site is zoned 2A (Residential A Zone) under the Randwick Local Environmental Plan 1998 (Consolidation) (the LEP) which came into force on 15 January 2010. 7 The aims of the LEP are: 2 Aims
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