Peric v Randwick City Council [2018] NSWLEC 1509

Peric v Randwick City Council [2018] NSWLEC 1509

Although the proposed development achieved the relevant objectives of the minimum subdivision lot size standard, the Applicants' cl 4.6 written request did not demonstrate sufficient environmental planning grounds to justify contravening the 400m2 minimum lot size development standard. The proposed built form could be achieved without subdivision, subdivision was not required to minimise environmental impacts, and the asserted benefits did not justify the contravention by reference to the subject matter, scope and purpose of the EP&A Act. Because satisfaction of cl 4.6 was a precondition to consent, development consent could not be granted.

Jurisdiction
Australia
Judgment Date
08 October 2018
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application No. Da/687/2017 / Hearing Following Termination of Conciliation Under S 34 AA of the Land and Environment Court Act 1979
Outcome
Appeal dismissed and Development Application No. DA/687/2017 determined by refusal.
Legal Topics
['development Application' 'torrens Title Subdivision' 'clause 4.6 Written Request' 'minimum Subdivision Lot Size Development Standard' 'randwick Local Environment Plan 2012' 'randwick Development Control Plan 2013']
['planning and Development' 'environmental Planning and Assessment' 'land Subdivision'] ['development Application' 'torrens Title Subdivision' 'clause 4.6 Written Request' 'minimum Subdivision Lot Size Development Standard' 'randwick Local Environment Plan 2012' 'randwick Development Control Plan 2013']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application No. Da/687/2017 / Hearing Following Termination of Conciliation Under S 34 AA of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Applicants' written request under cl 4.6 of Randwick Local Environment Plan 2012 to vary the minimum subdivision lot size development standard in cl 4.1 should be upheld." 'Whether the width for the proposed lots was acceptable given that the lots were less than the width required under cl 2.1 of Part C1 of Randwick Development Control Plan 2013.']

Ratio Decidendi

Although the proposed development achieved the relevant objectives of the minimum subdivision lot size standard, the Applicants' cl 4.6 written request did not demonstrate sufficient environmental planning grounds to justify contravening the 400m2 minimum lot size development standard. The proposed built form could be achieved without subdivision, subdivision was not required to minimise environmental impacts, and the asserted benefits did not justify the contravention by reference to the subject matter, scope and purpose of the EP&A Act. Because satisfaction of cl 4.6 was a precondition to consent, development consent could not be granted.

Court Disposition

Appeal dismissed and Development Application No. DA/687/2017 determined by refusal.

Orders

  • ['The appeal is dismissed.' 'Development Application No. DA/687/2017 for demolition of an existing dwelling, garage and shed, Torrens title subdivision of the land into two lots, and construction of two semi-detached dwellings with garages and associated landscaping and fencing is determined by refusal.' 'The...