Hind Holdings NSW Pty Ltd v Cumberland City Council [2022] NSWLEC 1263

Land and Environment Court New South Wales

Medium Neutral Citation: Hind Holdings NSW Pty Ltd v Cumberland City Council [2022] NSWLEC 1263 Hearing dates: 12-13 May 2022 Date of orders: 23 MAY 2022 Decision date: 23 May 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No. 2020/0608 for the demolition of existing structures and construction of a ten storey mixed-use building comprising 58 residential units and ground floor commercial tenancies over basement car parking, at 39 Church Street, Lidcombe, is refused. (3) The exhibits, other than 1 and C, are returned. Catchwords: DEVELOPMENT APPLICATION – mixed use building – contravention of the height of buildings development standard – detrimental impact on adjoining heritage item – inadequate side setbacks – unarticulated form of development Legislation Cited: Auburn Local Environmental Plan 2010, cll 4.3, 4.4, 4.6, 5.10, 6.4 Cumberland Local Environmental Plan 2021 Environmental Planning and Assessment Act 1979 ss 4.15, 8.7 Land and Environment Court Act 1979 ss 34, 39 State Environmental Planning Policy No 65-Design Quality of Residential Apartment Development, cll 4, 28 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Auburn Development Control Plan 2010 Cumberland Development Control Plan 2021 Category: Principal judgment Parties: Hind Holdings NSW Pty Ltd (Applicant) Cumberland City Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) C McFadzean (Solicitor) (Respondent)