JH Capital Auburn Pty Ltd v Cumberland Council [2022] NSWLEC 1072

Land and Environment Court New South Wales

Medium Neutral Citation: JH Capital Auburn Pty Ltd v Cumberland Council [2022] NSWLEC 1072 Hearing dates: Conciliation conference on 19 January 2022 and 2 February 2022 Date of orders: 15 February 2022 Decision date: 15 February 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders: (1) The Appeal is upheld. (2) Application DA-2021/0477 for demolition of existing structures and construction of a four (4) storey boarding house containing 42 boarding rooms, including a manager's room with two (2) levels of basement for car parking on land legally comprising of the allotment described as Lot 11 in DP 655964 known as 100 St Hilliers Road, Auburn is approved subject to the conditions annexed hereto and marked Annexure "A". Catchwords: DEVELOPMENT APPLICATION – boarding house – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Auburn Local Environmental Plan 2010, cll 2.7, 4.3 Cumberland Local Environmental Plan 2021, cl 1.8A Environmental Planning and Assessment Act 1979, cll 8.7, 4.15 Land and Environment Court Act 1979, s34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 26, 30, 30A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy 55—Remediation of Land, cl 7 State Environmental Planning Policy (Infrastructure) 2007 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cll 21, 22, 23, 24, 25, 26, 27, 27A, 27B, Pt 3, Div 2 Category: Principal judgment Parties: JH Capital Auburn Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) C McFadzean (Solicitor) (Respondent)