Matthews v Strathfield Municipal Council [2019] NSWLEC 1141

Land and Environment Court New South Wales

Medium Neutral Citation: Matthews v Strathfield Municipal Council [2019] NSWLEC 1141 Hearing dates: 19 March 2019 Date of orders: 05 April 2019 Decision date: 05 April 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The applicant is granted leave to rely on amended plans; (2) The objection pursuant to cl 4.6 of the Strathfield Local Environmental Plan 2012 in respect of the minimum lot size standard is not sustained; (3) The appeal is dismissed; (4) Development application DA 2017/132 for Torrens title subdivision of 26 Dean Street, South Strathfield is refused; (5) The exhibits are returned with the exception of Exhibits A, B, H and 4. Catchwords: DEVELOPMENT APPLICATION: Torrens Title subdivision of existing land of into two allotments –variation to minimum lot size standard – whether cl 4.6 request should be upheld – is the request reasonable and well founded – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Strathfield Local Environmental Plan 2012 Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 248 Initial Action v Woollahra Municipal Council [2018] NSWLEC 118 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Strathfield Development Control Plan 2005 Strathfield Direct Development Contributions Plan 2010-2030 Category: Principal judgment Parties: Eric Matthews (First Applicant) Sharmistha Singh (Second Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: Dr J Smith (Applicants)