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

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

The proposed strata lot areas were 422m² and 428m² when calculated consistently with the Strata Schemes Development Act 2015 by reference to floor areas, so the development exceeded the 400m² minimum in cl 4.1A(4)(a) of the Randwick Local Environmental Plan 2012 and no cl 4.6 request was required. The Court was also satisfied that the strata subdivision would not fragment the land or create additional dwelling entitlement, that the built form and subdivision pattern were consistent with the R2 zone objectives and desired future character, and that there were no adverse amenity impacts. Consent was therefore granted under s 4.16(1)(a) of the Environmental Planning and Assessment Act 1979.

Jurisdiction
Australia
Judgment Date
15 October 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application (da) 798/2018 / Hearing Held After Conciliation Under S 34 Aa(2)(a) of the Land and Environment Court Act 1979 Was Terminated
Outcome
Appeal upheld; Development Application (DA) 798/2018 approved subject to conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'dual Occupancy (attached) Dwellings' 'minimum Strata Lot Size' 'clause 4.6 Written Request' 'desired Future Character' 'public Interest']
['planning and Environment Law' 'development Control' 'strata Subdivision'] ['development Application' 'deemed Refusal Appeal' 'dual Occupancy (attached) Dwellings' 'minimum Strata Lot Size' 'clause 4.6 Written Request' 'desired Future Character' 'public Interest']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application (da) 798/2018 / Hearing Held After Conciliation Under S 34 Aa(2)(a) of the Land and Environment Court Act 1979 Was Terminated

Legal Issues

  1. 1 ['Whether the proposed strata lots achieved the minimum lot size required by cl 4.1A(4)(a) of the Randwick Local Environmental Plan 2012.' 'Whether a cl 4.6 written request for variation of the minimum lot size development standard was required.' 'Whether the proposed development was consistent with the desired future character of the area and the objectives of the R2 Low Density Residential zone.' 'Whether the proposed development was in the public interest under s 4.15(1)(e) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

The proposed strata lot areas were 422m² and 428m² when calculated consistently with the Strata Schemes Development Act 2015 by reference to floor areas, so the development exceeded the 400m² minimum in cl 4.1A(4)(a) of the Randwick Local Environmental Plan 2012 and no cl 4.6 request was required. The Court was also satisfied that the strata subdivision would not fragment the land or create additional dwelling entitlement, that the built form and subdivision pattern were consistent with the R2 zone objectives and desired future character, and that there were no adverse amenity impacts. Consent was therefore granted under s 4.16(1)(a) of the Environmental Planning and Assessment Act 1979.

Court Disposition

Appeal upheld; Development Application (DA) 798/2018 approved subject to conditions.

Orders

  • ['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.' 'The appeal is upheld.' 'Development Application (DA) 798/2018 which relates to demolition of existing...