Cumming v Cumberland Council [2021] NSWLEC 1330

Land and Environment Court New South Wales

Medium Neutral Citation: Cumming v Cumberland Council [2021] NSWLEC 1330 Hearing dates: 27-28 April 2021 Date of orders: 8 June 2021 Decision date: 08 June 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is dismissed. (2) Development application No. 2020/374 for a boarding house at 32 Mary Street, Lidcombe is refused. (3) The exhibits are returned with the exception of Exhibits 1 and A-Q. Catchwords: DEVELOPMENT APPLICATION – boarding house – building height contravention – imminence and certainty of draft LEP – character compatibility – affect on development potential of adjoining land Legislation Cited: Auburn Local Environmental Plan 2010, cll 4.3, 4.4, 4.6, 5.10 Draft Cumberland Local Environmental Plan 2020 Environmental Planning and Assessment Act 1979, s 8.7 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30A State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: 193 Liverpool Road Pty Ltd v Inner West Council [2017] NSWLEC 13 Blackmore Design Group Pty Ltd v North Sydney Council (2001) 118 LGERA 290; [2001] NSWLEC 279 Boyce v Inner West Council [2019] NSWLEC 1521 Project Venture Developments Pty Ltd v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWCA 106 Texts Cited: Apartment Design Guide Auburn Development Control Plan 2010 Category: Principal judgment Parties: John Cumming (Applicant) Cumberland Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) C McFadzean (Solicitor) (Respondent)