A & A Development Pty Ltd v Cumberland Council [2022] NSWLEC 1071

Land and Environment Court New South Wales

Medium Neutral Citation: A & A Development Pty Ltd v Cumberland Council [2022] NSWLEC 1071 Hearing dates: Conciliation Conference on 7 February 2022 Date of orders: 11 February 2022 Decision date: 11 February 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The written requests pursuant to clause 4.6 of the Auburn Local Environmental Plan 2010 to vary the development standards in clause 4.3 Height of Buildings and clause 4.4 Floor Space Ratio prepared by Think Planners dated February 2022 are upheld. (2) The appeal is upheld. (3) Consent is granted to Development Application No 2020/0336 for demolition of existing buildings, the consolidation of two allotments and the construction of a shop top housing development comprising 1 retail premises and 79 residential units at the property comprised in folios Lot 17 and Lot 18 Section 4 in Deposited Plan 982836, otherwise known as 22-24 Park Road, Auburn subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition and construction of shop top housing – amended plans – agreement between the parties – orders. Legislation Cited: Auburn Local Environmental Plan 2010, cll 2.3, 2.7, 4.3, 4.4, 6.1, 6.2. State Environmental Planning Policy (Infrastructure) 2007, cl 45(2) Cumberland Local Environmental Plan 2021, cl 1.8A Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cl 3(2), 20-27 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development, cll 28, 30(1) Category: Principal judgment Parties: A&A Development Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: J Smith (Applicant) C McFadzean (Solicitor) (Respondent)