Bellagio Investments Pty Ltd v Fairfield City Council [2022] NSWLEC 1113

Land and Environment Court New South Wales

Medium Neutral Citation: Bellagio Investments Pty Ltd v Fairfield City Council [2022] NSWLEC 1113 Hearing dates: 25 February 2022 Date of orders: 3 March 2022 Decision date: 03 March 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: See Orders below at [26]-[28]. Catchwords: BUILDING INFORMATION CERTIFICATES – development without consent – six dwellings – BASIX affected development – non-compliance with the Building Code of Australia – non-compliance with the floor space ratio development standard and planning controls – inadequate stormwater disposal Legislation Cited: Environmental Planning and Assessment Act 1979, ss 6.33, 8.25 and Div 6.7 Environmental Planning and Assessment Regulation 2000, cl 136A Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, Pt 8, cl 19 Fairfield Local Environmental Plan 2013, cl 4.4 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6 Cases Cited: Fairfield City Council v Oztech Developments Pty Ltd; Fairfield City Council v Bellagio Investments Pty Ltd [2021] NSWLEC 81 Texts Cited: Building Code of Australia Category: Principal judgment Parties: Bellagio Investments Pty Ltd (Applicant) Fairfield City Council (Respondent) Representation: Counsel: J Hosn (Self-represented) (Applicant) S. Shneider (Solicitor) (Respondent)