Gorgees v Fairfield City Council [2021] NSWLEC 1283

Land and Environment Court New South Wales

Medium Neutral Citation: Gorgees v Fairfield City Council [2021] NSWLEC 1283 Hearing dates: 28 and 29 January 2021 Date of orders: 24 May 2021 Decision date: 24 May 2021 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. 627.1/2017 (as amended) for the demolition of an existing dwelling and ancillary structures and construction of a part 1 and part 2 storey multi dwelling housing development containing 8 dwellings (2 x 2 bedroom and 6 x 3 bedroom dwellings) over one basement level with 12 parking spaces and associated landscaping works, subject to the conditions in Annexure A. (3) The exhibits are returned except for Exhibits A, B, C and 4. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing – affordable rental housing – inconsistency and incompatibility of SEPP and DCP controls Legislation Cited: Environmental Planning and Assessment Act 1979 ss 3.43, 3.45, 4.15, 8.7 Fairfield Local Environmental Plan 2013 cll 1.2, 4.3, 6.1, 6.2, 6.4, 6.9, 6.12 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 3, 4, 10, 13, 14, 15, 16A, 17 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy No 55— Remediation of Land cl 7 Cases Cited: Castle Constructions Pty Ltd v North Sydney Council (2007) 155 LGERA 52; [2007] NSWCA 164 Falamaki v Council of the City of Ryde [2019] NSWLEC 1007 Hastings Point Progress Association Inc v Tweed Shire Council (2009) 168 LGERA 99; [2009] NSWCA 285 Louden Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1285 Texts Cited: Fairfield City Wide Development Control Plan 2013 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Seniors Living Policy: Urban design guidelines for infill development (2004) Category: Principal judgment Parties: Khiri Gorgees (First Applicant) Wasan Gorgees (Second Applicant) Fairfield City Council (Respondent) Representation: Counsel: T To (Applicant) A Seton (Solicitor) (Respondent)