Setia v Cumberland Council [2022] NSWLEC 1026

Land and Environment Court New South Wales

Medium Neutral Citation: Setia v Cumberland Council [2022] NSWLEC 1026 Hearing dates: Conciliation conference on 23 November 2021 and 10 December 2021 Date of orders: 25 January 2022 Decision date: 25 January 2022 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders that: 1) The appeal is upheld. 2) Development Consent is granted to development application DA/2021/0323 for the demolition of existing structures and construction of a two (2) storey boarding house containing 25 boarding rooms with car parking at 29 Boronia Street, South Wentworthville, subject to the conditions annexed hereto and marked "Annexure A". Catchwords: DEVELOPMENT APPLICATION – boarding house –– conciliation conference – agreement between the parties – orders Legislation Cited: Cumberland Local Environmental Plan 2021, cl 1.8A Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Holroyd Local Environmental Plan 2013, cll 2.7, 4.3, 4.4, 6.2, 6.3, 6.7, 6.8 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cll 20, 21, 22, 23, 24, 25 26, 27, 27A, 27B, Pt 3, Div 2 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (6 April 2021) Category: Principal judgment Parties: Siti Setia (Applicant) Cumberland Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) C McFadzean (Solicitor) (Respondent)