Caygisval Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1225

Land and Environment Court New South Wales

Medium Neutral Citation: Caygisval Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1225 Hearing dates: Conciliation conference on 17 February 2022 Date of orders: 05 May 2022 Decision date: 05 May 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant's written request pursuant to clause 4.6 of the Strathfield Local Environmental Plan 2012 to vary the development standard for Height of Buildings contained in clause 4.3 thereof, as prepared by Planning Ingenuity dated 2 March 2022, is upheld; (2) The appeal is upheld; (3) Consent is granted to Development Application DA2021.229 for the construction of a five-storey new age boarding house containing 52 boarding rooms in a single building including a manager's room, communal lounge room, a communal gym and two levels of basement car park and related landscaping, at 15-17 Albert Road, Strathfield, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 55(1), 77 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 55 - Remediation of Land, cl 7 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 (Housing) 2021, cl 2 of Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Strathfield Local Environmental Plan 2012, cll 1.2, 2.3, 4.3, 4.4, 4.6, 6.1, 6.2, 6.3 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February, 2022) Category: Principal judgment Parties: Caygisval Pty Ltd (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: V Conomos (Solicitor)(Applicant) K Law (Solicitor) (Respondent)