Gabriel Stefanidis v Randwick City Council [2017] NSWLEC 1307

Land and Environment Court New South Wales

Medium Neutral Citation: Gabriel Stefanidis v Randwick City Council [2017] NSWLEC 1307 Hearing dates: 25 - 26 May 2017 Date of orders: 26 May 2017 Decision date: 26 May 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are: (1) The objection pursuant to cl 4.6 of the Randwick Local Environmental Plan 2012 is upheld, (2) The appeal is upheld; (3) Consent is granted to development application number DA/828/2016 for the demolition of existing structures. Torrens title subdivision into two lots. Construction of two by two storey semidetached dwellings with partial basement level car parking, landscaping and associated works, (variation to lot sizes) at lot 28 DP36113 22 Windsor Street, Matraville; subject to conditions contained in Exhibit 4 and the following additional operational condition; 63A a subdivision certificate for the subdivision of land approved by this consent must not be issued until after construction of the two buildings approved under the consent has reached lockup stage, which includes the construction of floors, walls, ceilings, roofs, and with all external doors and windows in place, but before any kitchens and bathrooms have been installed in those buildings. The lots in the approved subdivision must be created after construction of the two buildings approved under this consent has reached lockup stage but before any kitchens and bathrooms being installed in those buildings.

(4) The exhibits will be returned with the exception of Exhibit 2, 4, A and B, and the Applicant's Class 1 application. Catchwords: DEVELOPMENT APPEAL: Subdivision and constriction of semi detached dwellings – variation to minimum lot size – variation request – consistency with streetscape – effect of precedent. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Schaffer Corporation Ltd v Hawkesbury City Council (1992) 77 LGERA 21 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Wehbe v Pittwater Council (2007) NSWLEC 827 Vescio v Many Council, [2012] NSWLEC 1098 Bellenger v Randwick City Council [2017] NSWLEC 1 Goldin v Minister for Transport (2002) 121 LGERA 101 Trinvass Pty Limited v Council of the City of Sydney [2015] NSWLEC 151 Zhang v Canterbury City Council [2001] NSWCA 167 Category: Principal judgment Parties: Gabriel Stefanidis (Applicant) Randwick City Council (Respondent) Representation: Mr J Johnston (Solicitor) (Applicant) Mr S Patterson (Solicitor) (Respondent) File Number(s): 2017/34261 Publication restriction: No