ROD ZOBY GROUP PTY LTD trading as ZTA Group Pty Ltd v Strathfield Municipal Council [2021] NSWLEC 1688

Land and Environment Court New South Wales

Medium Neutral Citation: ROD ZOBY GROUP PTY LTD trading as ZTA Group Pty Ltd v Strathfield Municipal Council [2021] NSWLEC 1688 Hearing dates: Conciliation conference on 5 October 2021 Date of orders: 11 November 2021 Decision date: 11 November 2021 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away in accordance with s8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $12,000 within 28 days of the date of these orders. (2) The Applicant's amended written request under cl 4.6 of the Strathfield Local Environmental Plan 2011 (SLEP) prepared by Rod Logan dated 6 September 2021 seeking a variation of the development standard for height of buildings under cl 4.3 of the SLEP is upheld. (3) The appeal is upheld. (4) Development Consent is granted to Development Application 2020/125/1 for demolition of existing structures and construction of a seven storey mixed use building comprising one commercial unit, first floor office space and 34 boarding rooms above two levels of basement parking at 84 Park Road, Homebush subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – mixed use development including a boarding house –– cl 4.6 variation to height standard ­– conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7, 8.14 Land and Environment Court Act 1979, s 34 Strathfield Local Environmental Plan 2012, cll 4.3, 4.4, 6.1, 6.2, 6.4, 6.9 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A, 52 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Deemed State Environmental Planning Policy – Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Environmental Planning and Assessment Regulation 2000, cl 55 Category: Principal judgment Parties: Rod Zoby Group Pty Ltd (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)