Longhurst v Randwick City Council [2019] NSWLEC 1011

Land and Environment Court New South Wales

Medium Neutral Citation: Longhurst v Randwick City Council [2019] NSWLEC 1011 Hearing dates: 21 November 2018 Date of orders: 18 January 2019 Decision date: 18 January 2019 Jurisdiction: Class 1 Before: Bish C Decision: (1) The appeal is upheld. (2) Development Application (DA) 410/2017 to subdivide Lot 22 DP 286017, also known as 4 Meyler Close, Little Bay into two (2) lots is approved subject to conditions of consent in Annexure A, and the Plan of Management in Annexure B. (3) The exhibits, except Exhibits 2, B and G are returned. Catchwords: DEVELOPMENT APPLICATION - strata subdivision - dual occupancy - existing dwellings - consistency with Masterplan - character - precedence Legislation Cited: Community Land Development Act 1989 Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Heritage Act 1977 Land and Environment Court Act 1979 Real Property Act 1900 Randwick Local Environment Plan 2012 Strata Schemes (Freehold Development) Act 1973 Strata Schemes (Leasehold Development) Act 1986 Strata Schemes Development Act 2015 Strata Schemes Management Regulation 2016 Texts Cited: Amended Prince Henry Site Masterplan 2005 Randwick Development Control Plan 2013 Category: Principal judgment Parties: Steve Longhurst (Applicant) Randwick City Council (Respondent) Representation: Solicitors: S Kondilios, Hall and Willcox (Applicant) S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2018/59384 Publication restriction: No