Wolf v Cumberland Council [2021] NSWLEC 1498

Land and Environment Court New South Wales

Medium Neutral Citation: Wolf v Cumberland Council [2021] NSWLEC 1498 Hearing dates: Conciliation conference on 27 August 2021 Date of orders: 01 September 2021 Decision date: 01 September 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs arising under s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $2,500 to be paid within 28 days of orders being made. (2) The appeal is upheld. (3) Development Application No. 2020/0793 seeking the demolition of existing structures and construction of a residential flat building containing 24 units over basement parking, associated drainage and landscaping works with strata subdivision on land legally described as Lot 20 Section 10 DP 963, known as 35 Lane Street, Wentworthville is approved subject to the conditions at Annexure B. Catchwords: DEVELOPMENT APPLICATION – residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cll 50(1AB), 143A Holroyd Local Environmental Plan 2013 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 10, 13, 16A, 17, 49 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 3 State Environmental Plan (Sydney Harbour Catchment) 2005, cll 3, 20 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 30, Sch 1 Strata Schemes (Freehold Development) Act 1973 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Karen Wolf (Applicant) Cumberland Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) C McFadzean (Solicitor) (Respondent)