Sydney Link Developments ATF Sydney Link Developments Trust v Fairfield City Council [2020] NSWLEC 1268

Land and Environment Court New South Wales

Medium Neutral Citation: Sydney Link Developments ATF Sydney Link Developments Trust v Fairfield City Council [2020] NSWLEC 1268 Hearing dates: Conciliation conference held on 19 June 2020 Date of orders: 25 June 2020 Decision date: 25 June 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application to rely on the plans listed in condition 2 of the conditions of consent for Modification Application No. 556.4/2015 at Annexure A. (2) The appeal is upheld. (3) Modification Application No. 556.4/2015 to modify the development approved under Development Application No. 556.1/2015, as modified by the approved Modification Application No. 556.2/2015, is approved in the following terms: (a) extension of the communal open space on the roof level; (b) extension of the planter boxes on roof level around the communal open space; (c) increase in height of lift overrun of Lift No. 2 to RL32.3; and (d) relocation of basement columns and other consequential amendments, including alteration to the management of traffic within the basement. (4) Development Consent No. 556.1/2015, granted by the Respondent on 31 October 2016, for the demolition of existing structures, removal of 7 trees and construction of a 4 storey mixed use building, comprising a single tenancy commercial premises at the ground floor level with 3 levels of residential accommodation above containing 29 residential dwellings, located over 2 levels of basement car park containing 54 parking spaces, on the land at 68-70 The Horsley Drive, Carramar, as modified by Application No. 556.2/2015, is further modified pursuant to section 4.55(2) of the Environmental Planning and Assessment Act 1979 as set out in the conditions of consent at Annexure A. (5) Development Consent No. 556.1/2015, as modified, is subject to the consolidated conditions of consent at Annexure B. Catchwords: MODIFICATION APPLICATION — conciliation conference — agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 Fairfield Local Environmental Plan 2013 Land and Environment Court Act 1979 Category: Principal judgment Parties: Sydney Link Developments ATF Sydney Link Developments Trust (Applicant) Fairfield City Council (Respondent) Representation: Counsel: D Briggs (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)