A recent Land and Environment Court decision has demonstrated that, contrary to prior assumptions, the subdivision of a strata lot will be subject to minimum lot size standards. In DM & Longbow Pty Ltd v Willoughby City Council [2017] NSWLEC 1358, a developer sought consent to subdivide an existing house into two apartments. The Willoughby Local Environment Plan (WLEP) was based on the Standard LEP and provided a minimum lot size standard, which the two strata lots did not meet. The WLEP also included an exception to the minimum lot standard for proposed subdivisions in an existing strata plan. In this instance, the judge held that since there was not an existing strata plan, and accordingly, the two strata lots were subject to the minimum lot size development standards.

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