Peric v Randwick City Council [2018] NSWLEC 1509

Land and Environment Court New South Wales

Medium Neutral Citation: Peric v Randwick City Council [2018] NSWLEC 1509 Hearing dates: 10 September 2018 Date of orders: 08 October 2018 Decision date: 08 October 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: The orders of the Court are: (1) The appeal is dismissed; (2) Development Application No. DA/687/2017 for demolition of an existing dwelling, garage and shed, Torrens title subdivision of the land into two lots, and construction of two semi-detached dwellings with garages and associated landscaping and fencing is determined by refusal; (3) The exhibits are returned, with the exception of Exhibits A, B and 1. Catchwords: DEVELOPMENT APPLICATION: Torrens title subdivision of land – minimum subdivision lot area development standard – whether the Applicants' environmental planning grounds are sufficient to uphold a cl 4.6 written request under RLEP Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Randwick Local Environment Plan 2012 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 248 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Gabriel Stefanidis v Randwick City Council [2017] NSWLEC 1307 Initial Action Pty Ltd v Woollahra Council [2018] NSWLEC 118 Randwick City Council v Micaul Holdings Ltd (2016) 225 LGERA 94; [2016] NSWLEC 7 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Randwick Development Control Plan 2012 Category: Principal judgment Parties: Mirko Peric (First Applicant) Jovan Davidovic (Second Applicant) Randwick City Council (Respondent) Representation: Counsel: N Eastman (Applicants)