Lot 11 Neil Street Pty Ltd v Cumberland Council [2021] NSWLEC 1037

Land and Environment Court New South Wales

Medium Neutral Citation: Lot 11 Neil Street Pty Ltd v Cumberland Council [2021] NSWLEC 1037 Hearing dates: Conciliation conference on 13 January 2021 Date of orders: 22 January 2021 Decision date: 22 January 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders that: (1) Leave is granted for the Applicant to amend the application to rely on the amended documentation listed at condition 2 of the conditions of consent at Annexure A and attached at Annexure B. (2) The Applicant's Clause 4.6 written request prepared by Chapman Planning Pty Ltd in relation to the height of buildings development standard pursuant to clause 4.3 of the Holroyd Environmental Plan 2013 is upheld. (3) The Applicant's Clause 4.6 written request prepared by Chapman Planning Pty Ltd in relation to the floor space ratio development standard pursuant to clause 4.4 of the Holroyd Environmental Plan 2013 is upheld. (4) The appeal is upheld. (5) Development Application No. DA2020/0103 for the construction of four additional storeys comprising 32 additional residential units and a rooftop communal open space on top of an approved 12 storey residential flat building (known as Building 3) (Development Consent DA2016/496) at 20-22 Dressler Court, Merrylands is approved, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – exceedance of development standards for height and floor space ratio Legislation Cited: Environmental Planning and Assessment Act 1979 Holroyd Local Environmental Plan 2013 Land and Environment Court Act 1979 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Lot 11 Neil Street Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: B Salon (Solicitor) (Applicant) C McFadzean (Solicitor) (Respondent)