Albert Square NSW Pty Ltd v Randwick City Council [2021] NSWLEC 1401

Albert Square NSW Pty Ltd v Randwick City Council [2021] NSWLEC 1401

The court found that for the purposes of cl 4.1A(4) of the Randwick Local Environmental Plan 2012, the relevant lot size for strata subdivisions is the aggregate area of the cubic spaces comprising the strata lot, not merely the area of land at ground level. Accordingly, the proposed strata lots each comprise 444m2 and satisfy the minimum lot size, resulting in approval without the need to consider a cl 4.6 variation.

Parties
Applicant: Albert Square NSW Pty Ltd; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
12 July 2021
Procedural Posture
Development Appeal / Final Judgment
Outcome
Appeal upheld. Development application approved with conditions.
Legal Topics
Strata Subdivision, Minimum Lot Size, Statutory Interpretation, Fragmentation of Land, Residential Development
Planning and Environment Law Strata Subdivision Minimum Lot Size Statutory Interpretation Fragmentation of Land Residential Development

Case Brief

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Parties

Albert Square NSW Pty Ltd

Applicant

Randwick City Council

Respondent

Procedural Posture

Development Appeal / Final Judgment

Legal Issues

  1. 1 How is 'lot size' to be calculated for the purpose of cl 4.1A(4)(a) of the Randwick Local Environmental Plan 2012?
  2. 2 Is the proposed strata subdivision consistent with the objective of cl 4.1A, namely to avoid fragmentation by subdivision that would create additional dwelling entitlements?

Ratio Decidendi

The court found that for the purposes of cl 4.1A(4) of the Randwick Local Environmental Plan 2012, the relevant lot size for strata subdivisions is the aggregate area of the cubic spaces comprising the strata lot, not merely the area of land at ground level. Accordingly, the proposed strata lots each comprise 444m2 and satisfy the minimum lot size, resulting in approval without the need to consider a cl 4.6 variation.

Court Disposition

Appeal upheld. Development application approved with conditions.

Orders

  • The appeal is upheld.
  • Development Application DA/524/2020 seeking development consent for the strata subdivision of existing dual occupancy into two strata allotments at 89 Mons Avenue Maroubra legally described as Lot 2 DP 222605 is approved subject to conditions annexure A.