Parris v Randwick City Council [2016] NSWLEC 1507

Land and Environment Court New South Wales

Medium Neutral Citation: Parris v Randwick City Council [2016] NSWLEC 1507 Hearing dates: 11-12 October 2016 Date of orders: 01 November 2016 Decision date: 01 November 2016 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: detached dual occupancy, subdivision, minimum lot size Legislation Cited: Land and Environment Court Act 1979; Environmental Planning and Assessment Act 1979; Randwick Local Environmental Plan 2012 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Randwick City Council Development Control Plan Category: Principal judgment Parties: Andrew Parris (Applicant)

Randwick City Council (Respondent) Representation: Counsel: Mr A Pickles (Applicant)

Solicitors: Mr J Ede Madison Marcus Law Firm (Applicant) Mr A Seton Marsdens Law Group (Respondent) File Number(s): 168031/2016

Judgment 1. Mr Parris lodged Development Application No 122/2016 which sought consent from Randwick City Council for the demolition of existing structures, Torrens Title subdivision and construction of a detached dwelling house on each lot of land, each with a garage and swimming pool at the rear and associated landscape works. 2. The Council had not determined the application within the prescribed period and Mr Parris is appealing the deemed refusal.

The site and its context 1. The site is legally described as Lot 1 in DP 538977 with a street address of 44 Gale Road, Maroubra. It is located on the northern side of the road approximately 40m to the west of its intersection with Royal Street and is rectangular in shape with a frontage of 19.185m to Gale Road and approximate depth of 40m with a total site area of 760 m². The site slopes to the rear with a fall of approximately 2 metres. 2. A single storey dwelling house with carport and minor outbuildings currently stand on the site. 3. Development in the vicinity comprises low density one and two storey dwelling houses which are erected on varying setbacks to both the Street frontage and side boundaries. Whilst the subdivision pattern is rectilinear, the width of the lots varies and the site is one of the wider allotments within the locality.