Romic v Fairfield City Council [2021] NSWLEC 1406

Land and Environment Court New South Wales

Medium Neutral Citation: Romic v Fairfield City Council [2021] NSWLEC 1406 Hearing dates: 20 May 2021 Date of orders: 16 July 2021 Decision date: 16 July 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The applicant is granted leave to amend the Development Application and rely on amended plans being Plan of Subdivision of Lot 29 and Lot 30 in DP31162 prepared by Michael Warren Basile, Surveyor's Ref: 171061rev 3 – dated 12 July 2021. (2) The Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the application for development consent allowed by the Court on 20 May 2021 in the agreed sum of $8,000 within 21 days of the date of this order. (3) The appeal is upheld. (4) The Development Application No. 286.1/2019 seeking approval for the Torrens title subdivision of two (2) existing lots to create five (5) residential allotments, including demolition of an existing dwelling house at 8-10 Kaluna Avenue, Smithfield legally described as Lots 29 and 30 in Deposited Plan 31162 is approved subject to conditions of consent at Annexure "A". (5) Return Exhibit 2. Catchwords: DEVELOPMENT APPEAL – Torrens title subdivision – vehicular access to battle axe lots – heritage interpretation – waste – weight given to evidence from party as an expert to the proceedings – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Fairfield Local Environmental Plan 2013, cl 2.7, 4.1, 4.6, 5.10 and 6.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land Uniform Civil Procedure Rules 2005 Cases Cited: Hodder Rook & Associates Pty Ltd v Genworth Financial Mortgage Insurance Pty Ltd [2011] NSWCA 279 Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Australian/New Zealand Standard AS/NZS 2890.1:2004 Parking Facilities Fairfield Citywide Development Control Plan 2013 Fire and Rescue NSW, Access for Fire Brigade Vehicles and Firefighters Version 5.0, (October 2019) Category: Principal judgment Parties: Momcilo Romic (Applicant) Fairfield City Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant) A Seton (Solicitor) (Respondent)