Kansanto Pty Ltd v Fairfield City Council [2022] NSWLEC 1256

Land and Environment Court New South Wales

Medium Neutral Citation: Kansanto Pty Ltd v Fairfield City Council [2022] NSWLEC 1256 Hearing dates: Conciliation conference on 12 May 2022 Date of orders: 23 May 2022 Decision date: 23 May 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development application No. DA292.1/2021 (as amended on 6 May 2022) for the demolition of existing structures and the erection of three, four storey residential flat buildings containing a total of 39 units over a common level of basement parking with 49 car parking spaces on the land described as Lot D Section 35 Deposited Plan 20450 (known as 147 Polding Street, Fairfield Heights), Lot I Section 35 DP 20450 (known as 1 Bodalla Street, Fairfield Heights) and Lot H Section 35 DP 20450 (known as 3 Bodalla Street, Fairfield Heights) is determined by the grant of development consent subject to the conditions in Annexure A. (3) The applicant is to pay the respondent's costs thrown away, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. Catchwords: APPEAL – development application – residential flat building – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.10, 8.15 Environmental Planning and Assessment Regulation 2000, cll 3, 49, 50, 55, cl 2A(1) of Sch 1 Environmental Planning and Assessment Regulation 2021, Sch 6 Pt 1 cl 3 Fairfield Local Environmental Plan 2013, cll 2.1, 2.3, 2.7, 4.3, 4.4, 6.9 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 65 -Design Quality of Residential Apartment Development, cll 28(2), 30(2) Category: Principal judgment Parties: Kansanto Pty Ltd (Applicant) Fairfield City Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)