The Trustee for G & E Property Investments Unit Trust v Fairfield City Council [2020] NSWLEC 1390

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustee for G & E Property Investments Unit Trust v Fairfield City Council [2020] NSWLEC 1390 Hearing dates: 3-4 August 2020 Date of orders: 10 August 2020 Decision date: 10 August 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No. 486/2018 for demolition and construction of a three-storey building comprising four vacant tenancies, use of one tenancy for the purpose of a child care centre accommodating 90 children and ancillary works stormwater management systems, two levels of basement car parking, landscaping and tree removal at 317-321 Hume Highway, Cabramatta is refused development consent. (3) The exhibits are returned. Catchwords: DEVELOPMENT APPLICATION – deemed refusal of a development application – childcare centre – location of the proposed development – proposed development located on a classified road Legislation Cited: Environmental Planning and Assessment Act 1979 Roads Act 1993 State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Benson McCormack Architects v Manly Council [2013] NSWLEC 1223 Modern Motels Pty Limited v Fairfield City Council [2013] NSWLEC 138 Category: Principal judgment Parties: The Trustee for G & E Property Investments Unit Trust (Applicant) Fairfield City Council (Respondent) Representation: Counsel: F Berglund (Applicant) A Seton (Solicitor) (Respondent)