Parris v Randwick City Council

Land and Environment Court New South Wales Medium Neutral Citation: Parris v Randwick City Council [2016] NSWLEC 1507 Hearing dates:11-12 October 2016Date of orders: 01 November 2016 Decision date: 01 November 2016 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: detached dual occupancy, subdivision, minimum lot size Legislation Cited: Land and Environment Court Act 1979; Environmental Planning and Assessment Act 1979; Randwick Local Environmental Plan 2012 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Randwick City Council Development Control Plan Category:Principal judgmentParties: Andrew Parris (Applicant)   Randwick City Council (Respondent) Representation: Counsel: Mr A Pickles (Applicant)   Solicitors: Mr J Ede Madison Marcus Law Firm (Applicant) Mr A Seton Marsdens Law Group (Respondent) File Number(s):168031/2016Judgment Mr Parris lodged Development Application No 122/2016 which sought consent from Randwick City Council for the demolition of existing structures, Torrens Title subdivision and construction of a detached dwelling house on each lot of land, each with a garage and swimming pool at the rear and associated landscape works. The Council had not determined the application within the prescribed period and Mr Parris is appealing the deemed refusal. The site and its context The site is legally described as Lot 1 in DP 538977 with a street address of 44 Gale Road, Maroubra. It is located on the northern side of the road approximately 40m to the west of its intersection with Royal Street and is rectangular in shape with a frontage of 19.185m to Gale Road and approximate depth of 40m...