CN Rochester Pty Ltd & B & L Touma Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1391

Land and Environment Court New South Wales

Medium Neutral Citation: CN Rochester Pty Ltd & B & L Touma Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1391 Hearing dates: Conciliation conference on 31 May 2022, 24 June 2022, 12 July 2022 Date of orders: 09 August 2022 Decision date: 09 August 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amended application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to Development Application DA 2020/162 for the demolition of the existing dwelling house and construction of a new 30 room boarding house at 14 Rochester Street, Homebush NSW, subject to the conditions contained at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – boarding house development – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 30, 30A State Environmental Planning Policy (Housing) 2021, Sch 7 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.100 Strathfield Local Environmental Plan 2012, cll 4.3, 4.4, 5.10, 6.1, 6.2 Category: Principal judgment Parties: CN Rochester Pty Ltd (First Applicant) B & L Touma Pty Ltd (Second Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: J Reid (First and Second Applicant) M Cottom (Solicitor) (Respondent)