Elford v Cumberland Council [2020] NSWLEC 1400

Land and Environment Court New South Wales

Medium Neutral Citation: Elford v Cumberland Council [2020] NSWLEC 1400 Hearing dates: Conciliation conference on 1 and 21 July, 3, 17 and 21 August 2020 Date of orders: 31 August 2020 Decision date: 31 August 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application and rely upon the following plans in the proceedings referred to at condition 2 in Annexure A. (2) Pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the Respondent's s8.15(3) costs thrown away in the agreed amount of $4,500 to be paid with 28 days of the date of these Orders. (3) The appeal is upheld. (4) Development application DA-338/2019 seeking the demolition of existing structures and construction of a boarding housing development over basement car parking is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – boarding house development – agreement between the parties – conciliation conference – orders Legislation Cited: Auburn Local Environmental Plan 2010 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environment Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land Category: Principal judgment Parties: Thomas Elford (Applicant) Cumberland Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) C McFadzean (Solicitor) (Respondent)