MMP 888 Pty Ltd v Randwick City Council [2019] NSWLEC 1646

Land and Environment Court New South Wales

Medium Neutral Citation: MMP 888 Pty Ltd v Randwick City Council [2019] NSWLEC 1646 Hearing dates: 26 September 2019 Date of orders: 18 February 2020 Decision date: 30 December 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for DA/906/2018 for the demolition of a single dwelling and erection of an attached two-storey dual occupancy development at 40 Creer Street, Randwick subject to the conditions of consent at Annexure 'A', except for that part of the application for strata subdivision for which consent is not granted. (3) All Exhibits are returned, except for Exhibits A and 5. Catchwords: DEVELOPMENT APPEAL – two lot strata subdivisions – dual occupancy (attached) dwellings – minimum lot size Legislation Cited: Environmental Planning and Assessment Act 1979 Interpretation Act 1987 Land and Environment Court Act 1979 Randwick Local Environmental Plan 2012 Strata Schemes Development Act 2015 Cases Cited: DM & Longbow v Willoughby City Council (2017) 228 LGERA 342; [2017] NSWLEC 173 Parks and Playgrounds Movement Inc v Newcastle City Council (2010) 179 LGERA 346; [2010] NSWLEC 231 TC Punnett and Associated Pty Ltd v Warringah Council (2001) 115 LGERA 314; [2001] NSWLEC 152 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: MMP 888 Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: J Palmer (Solicitor) (Applicant) I Hemmings SC (Respondent)