H.A Design Group Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1521

Land and Environment Court New South Wales

Medium Neutral Citation: H.A Design Group Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1521 Hearing dates: Conciliation on 19-20 September 2022 Date of orders: 27 September 2022 Decision date: 27 September 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. 2021/110 for the demolition of existing structures and construction of a two-storey dwelling, swimming pool and associated landscaping works, as amended, at 2 Woodward Avenue, Strathfield, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures and construction of a two-storey dwelling, swimming pool and associated landscaping works – impact on the heritage significance of the heritage conservation area – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 s 4.16 Land and Environment Court Act 1979 ss 34, 34AA Environmental Planning and Assessment Regulation 2000 cl 55 Environmental Planning and Assessment Regulation 2021 Sch 6, cl 3 State Environmental Planning Policy No 55 – Remediation of Land cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Strathfield Local Environmental Plan 2012 cll 4.3, 4.4, 5.10, Sch 5 Category: Principal judgment Parties: H.A Design Group Pty Ltd (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) K Law (Solicitor) (Respondent)