Kingsford Property Developments v Randwick City Council [2019] NSWLEC 1486

Land and Environment Court New South Wales

Medium Neutral Citation: Kingsford Property Developments v Randwick City Council [2019] NSWLEC 1486 Hearing dates: 9 to 10 September 2019 Date of orders: 15 October 2019 Decision date: 15 October 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted to rely on: Amended DA and Class 1 appeal application filed on 10 September 2019; Draft Strata Plan, dated 5 September 2019; and amended conditions of consent, dated 25 September 2019. (2) The appeal is upheld. (3) Development Application (DA) 798/2018 which relates to demolition of existing structures, construction of a two storey dual occupancy (attached) dwellings with garages and strata subdivision into two lots on Lot 9 DP 253076, also known as 1249 Anzac Parade, Chifley is approved subject to conditions in Annexure A. (4) The exhibits, except for Exhibits 1, 2, 3, A and C are returned. Catchwords: DEVELOPMENT APPLICATION – two lot strata subdivision – dual occupancy (attached) dwellings – minimum lot size – character Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Randwick Local Environmental Plan 2012 Real Property Act 1900 Roads Act 1993 Strata Schemes Development Act 2015 Cases Cited: DM & Longbow Pty Ltd v Willoughby City Council [2017] NSWLEC 1358 Kelly v Randwick City Council [2018] NSWLEC 1322 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: Kingsford Property Developments (Applicant) Randwick City Council (Respondent) Representation: Counsel: J Palmer (Solicitor) (Applicant) K Gerathy (Solicitor) (Respondent)