Sheer Property Group Pty Ltd v Randwick City Council [2010] NSWLEC 1363

Sheer Property Group Pty Ltd v Randwick City Council [2010] NSWLEC 1363

The SEPP 1 objection to the minimum allotment size for subdivision is not well founded because the proposed allotment sizes depart substantially from the standard, and approval would set an adverse precedent inconsistent with planning policy. Compliance with the minimum allotment size in this case is not unreasonable or unnecessary, and is consistent with the orderly and economic development intended by the planning instruments.

Parties
Applicant: Sheer Property Group Pty Ltd; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
30 December 2010
Procedural Posture
Development Consent Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Minimum Allotment Size, SEPP 1 Objection, Subdivision of Land, Development Standards
Planning Law Environmental Law Minimum Allotment Size SEPP 1 Objection Subdivision of Land Development Standards

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Parties

Sheer Property Group Pty Ltd

Applicant

Randwick City Council

Respondent

Procedural Posture

Development Consent Appeal / Final Judgment

Legal Issues

  1. 1 Whether the SEPP 1 objection to minimum allotment size should be upheld to permit subdivision of an attached dual occupancy
  2. 2 Whether compliance with the minimum allotment size development standard is unreasonable or unnecessary under SEPP 1

Ratio Decidendi

The SEPP 1 objection to the minimum allotment size for subdivision is not well founded because the proposed allotment sizes depart substantially from the standard, and approval would set an adverse precedent inconsistent with planning policy. Compliance with the minimum allotment size in this case is not unreasonable or unnecessary, and is consistent with the orderly and economic development intended by the planning instruments.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Development application DA 123/2010 for the demolition of an existing building and construction of two new dwellings at 254 Clovelly Road Coogee is approved subject to the conditions in Annexure A.