BR Building Service Pty Ltd v Strathfield Municipal Council [2021] NSWLEC 1652

Land and Environment Court New South Wales

Medium Neutral Citation: BR Building Service Pty Ltd v Strathfield Municipal Council [2021] NSWLEC 1652 Hearing dates: Conciliation conference on 14 October 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is upheld; (2) The application to modify development consent No. DA2020/004/2 in the terms set out in Annexure 'A' is approved; (3) The terms of the consolidated Development Consent No. DA2020/004 are 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, 8.9 Environmental Planning and Assessment Regulation 2000, cll 55(1), 77 and Sch 1 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Strathfield Local Environmental Plan 2012, cll 2.3, 4.1A, 4.3, 4.4, 5.10, 6.1 and 6.4 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Category: Principal judgment Parties: BR Building Service Pty Ltd (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: A Gough (Solicitor) (Applicant) M Fozzard (Respondent)