Revolution Surveys Pty Ltd v Fairfield City Council [2022] NSWLEC 1589

Land and Environment Court New South Wales

Medium Neutral Citation: Revolution Surveys Pty Ltd v Fairfield City Council [2022] NSWLEC 1589 Hearing dates: Conciliation conference 24 October 2022 Date of orders: 28 October 2022 Decision date: 28 October 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: 1) The Applicant is to pay the Respondent's costs thrown away as a result of the further amendment to the development application pursuant to section 8.15 (3) of the Environmental Planning and Assessment Act 1979. The quantum of the thrown away costs are to be agreed within 28 days or if the parties cannot agree within 28 days they are to be assessed. 2) The Appeal is upheld. 3) Development Application No DA/375.1/2020 (as amended) for a Torrens Title subdivision of Lot 9 DP 27041 into two lots to create Lots 91 and 92 and thereafter: on proposed Lot 91 the demolition of existing dwelling, construction of a single storey dwelling and freestanding garage; and, on proposed Lot 92 the demolition of existing dwelling and the construction of a single storey dwelling, is granted subject to conditions of consent at Annexure A. Catchwords: APPEAL – development application for a two-lot subdivision and construction of dwelling houses on each lot – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.18, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Fairfield Local Environmental Plan 2013 cll 2.6, 4.1, 4.3, 6.2 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Category: Principal judgment Parties: Revolution Surveys Pty Ltd (Applicant) Fairfield City Council (Respondent) Representation: Counsel: M Fozzard (Applicant) S Schneider (Solicitor) (Respondent)