Land and Environment Court
New South Wales
- Amendment notes
Medium Neutral Citation: JS Architects Pty Ltd v Randwick City Council [2024] NSWLEC 1756 Hearing dates: 21 October 2024 Date of orders: 26 November 2024 Decision date: 26 November 2024 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders:
(1) The appeal is upheld.
(2) Development consent is granted to DA/36/2024 for the strata title subdivision of Lot 1 in DP 1274326 known as 64 Knowles Avenue Matraville containing an attached dual occupancy into 2 lots, subject to Annexure A.
Catchwords: DEVELOPMENT APPLICATION – subdivision of dual occupancy(attached) – permissible lot size
Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.5, 4.15, 4.16, 4.18, 6.2, 8.7, 8.10,
Interpretation Act 1987, s 68
Land and Environment Court Act 1979, ss 17, 39
Real Property Act 1900, s 12F
Strata Schemes Development Act 2015, s 4, 6, 9
Environmental Planning and Assessment Regulation 2021, s 23
Randwick Local Environmental Plan 2012, cll 2.6, 4.1, 4.1A, 4.1C, 6.10
Cases Cited: Albert Square NSW Pty Limited v Randwick City Council [2021] NSWLEC 1401
Barhom v Randwick City Council [2024] NSWLEC 1357
DM & Longbow Pty Ltd v Willoughby City Council (2017) 228 LGERA 342; [2017] NSWLEC 173
Kelly v Randwick City Council [2018] NSWLEC 1322
Kingsford Property Developments v Randwick City Council [2019] NSWLEC 1486
Texts Cited: Land Registry Services: Plan Preparation Guide – Strata Plans – version 1.0 September 2019
Lodgement Rules – 12F Real Property Act Version 1 Effective 19 May 2017
Strata Schemes Development Regulation 2016
Category: Principal judgment Parties: JS Architects Pty Ltd ABN 70119946575 (Applicant)
Randwick City Council ABN 77362844121 (Respondent)Representation: Counsel:
Solicitors:
Dr S Berveling (Applicant)
A Seton (Solicitor) (Respondent)
Conomos Legal (Applicant)
Marsdens Law Group (Respondent)
File Number(s): 2024/00095887 Publication restriction: No
Judgment
-
COMMISSIONER: This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) for Randwick City Council’s (Council) refusal of Development Application DA/36/2024 (DA) for the strata subdivision of a built dual occupancy located at 64 Knowles Avenue, Matraville being the whole of the land in Lot 1 in Deposited Plan 1274326 (Land).
-
The proceedings fall within Class 1 of the Court’s jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (LEC Act).
-
In determining the proceedings the Court has power or function pursuant to s 4.16(1) of the EPA Act and s 39(2) of the LEC Act.
-
The Applicant seeks development consent to subdivide the Land pursuant to a strata scheme under the Strata Development Act 2015 (SSD Act).
-
The DA was lodged with Council on 29 January 2024 with the consent of the owner of the land (Class 1 Application, tab 8) pursuant to s 23(1)(b) of the Environmental Planning and Assessment Regulation 2021 (EPA Regulation).
-
On 14 March 2024 Council advised the Applicant it had determined the…
Keep reading for free
Create a free CaseChat account to read JS Architects Pty Ltd v Randwick City Council and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] NSWLEC 1756
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court were whether the Council's decision was lawful, reasonable, and based on appropriate consideration of the relevant planning and environmental factors. Specifically, the Court had to determine if the Council had correctly applied the relevant planning laws and policies in coming to its decision, and whether there were any material errors in the assessment process. Additionally, the Court needed to consider the merits of the proposed development and whether it complied with the requirements of the relevant planning schemes and environmental regulations.
In its judgment, the Court found that the Council had erred in its assessment and decision-making process. The Court held that the Council had not adequately considered the merits of the proposed development, and that its decision was not supported by the evidence. The Court also found that the Council had failed to properly apply the relevant planning policies and guidelines, leading to an unreasonable outcome. As a result, the Court concluded that the appeal should be upheld, and development consent should be granted for the proposed subdivision, subject to certain conditions set out in Annexure A. The Court's decision reflects a thorough review of the evidence and legal principles at play, ultimately finding in favour of the applicant.
Orders
Orders of the court
The Court orders:
(1) The appeal is upheld.
(2) Development consent is granted to DA/36/2024 for the strata title subdivision of Lot 1 in DP 1274326 known as 64 Knowles Avenue Matraville containing an attached dual occupancy into 2 lots, subject to Annexure A.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.