Cairich Enterprise Pty Ltd v Strathfield Municipal Council [2021] NSWLEC 1709

Land and Environment Court New South Wales

Medium Neutral Citation: Cairich Enterprise Pty Ltd v Strathfield Municipal Council [2021] NSWLEC 1709 Hearing dates: Conciliation conference on 8 and 18 October 2021 and 1 November 2021 Date of orders: 22 November 2021 Decision date: 22 November 2021 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent consent authority that are thrown away as a result of amending the development application, in the amount of $12,000.00 payable within 14 days of these Orders being made. (2) The appeal is upheld. (3) Development Application 2020/156 for demolition of existing structures and construction of a five-storey boarding house on land legally described as Lot 1 DP 914078, known as 27 Albert Road, Strathfield is approved subject to the conditions set out in Annexure "A" to this agreement. Catchwords: DEVELOPMENT APPLICATION – boarding house – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A, 52 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cll 101, 104 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Strathfield Local Environmental Plan 2012, cll 4.3, 4.4, 6.1, 6.2, 6.4 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Category: Principal judgment Parties: Cairich Enterprise Pty Ltd (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) S Kondilios (Solicitor) (Respondent)