Crystalland Capital Pty Ltd v Fairfield City Council [2021] NSWLEC 1364

Land and Environment Court New South Wales

Medium Neutral Citation: Crystalland Capital Pty Ltd v Fairfield City Council [2021] NSWLEC 1364 Hearing dates: Conciliation conference on 26 May and 08 June 2021 Date of orders: 22 June 2021 Decision date: 22 June 2021 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application DA354.1/2020 and rely on the amended plans referred to in Condition 1 of Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $6,000.00 within 28 days of the date of these orders. (3) The appeal is upheld. (4) Development Application DA354.1/2020 for demolition of existing structures and construction of a two-storey boarding house on Lot 44 DP 862039 known as 55 Vale Street Cabramatta is approved subject to the conditions set out in Annexure A. Catchwords: APPEAL – development application – boarding house – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 and 8.10 Environmental Planning and Assessment Regulation 2000, cll 49 and 55 Fairfield Local Environmental Plan 2013 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55— Remediation of Land Category: Principal judgment Parties: Crystalland Capital Pty Ltd (Applicant) Fairfield City Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)