Club Marconi Limited v Fairfield City Council [2022] NSWLEC 1315

Land and Environment Court New South Wales

Medium Neutral Citation: Club Marconi Limited v Fairfield City Council [2022] NSWLEC 1315 Hearing dates: 30-31 March 2022; 30 May 2022 Date of orders: 20 June 2022 Decision date: 20 June 2022 Jurisdiction: Class 1 Before: Walsh C Decision: See orders at [44] Catchwords: DEVELOPMENT APPLICATION – seniors housing development – registered club – site compatibility certificate – minimising gambling harm – lay objections Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, cll 24, 61 Fairfield Local Environmental Plan 2013, cll 2.3, 5.10, 6.1, 6.2, 6.9 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cll 23, 26, 28, 30, 32, 40, 41 State Environmental Planning Policy No 65— Design Quality of Residential Apartment Development, cll 28, 30 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (State and Regional Development) 2011, cl 2 Cases Cited: Club Marconi Limited v Fairfield City Council [2021] NSWLEC 132 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, (July 2015) Fairfield Development Control Plan 2013 Category: Principal judgment Parties: Club Marconi Limited (Applicant) Fairfield City Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) L Nurpuri (Applicant) A Seton (Solicitor) (Respondent)