Rega Investments Pty Ltd v Fairfield City Council [2021] NSWLEC 1413

Land and Environment Court New South Wales

Medium Neutral Citation: Rega Investments Pty Ltd v Fairfield City Council [2021] NSWLEC 1413 Hearing dates: Conciliation conference on 15 July 2021 Date of orders: 21 July 2021 Decision date: 21 July 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent No. 437.1/2019 granted by the Respondent on 10 June 2020 for the Torrens Title subdivision of an existing lot to create two (2) industrial lots, and removal of vegetation on the land at 96 Newton Road, Wetherill Park (being Lot 4 DP 851250) is modified pursuant to section 4.55(1A) of the Environmental Planning and Assessment Act 1979 as set out in Annexure "A". (3) As a consequence of Order (2), Development Consent No. 437.1/2019 is subject to the consolidated, modified conditions of consent set out in Annexure "B". Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55(1A), 8.9 Land and Environment Court Act 1979, s 34 Fairfield Local Environmental Plan 2013, cl 2.3 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Fairfield Citywide Development Control Plan 2013 Category: Principal judgment Parties: Rega Investments Pty Ltd (Applicant) Fairfield City Council (Respondent) Representation: Counsel: M Seymour (Applicant) A Seton (Solicitor) (Respondent)