Developer Entity Pty Ltd v Strathfield Municipal Council [2023] NSWLEC 1118

Land and Environment Court New South Wales

Medium Neutral Citation: Developer Entity Pty Ltd v Strathfield Municipal Council [2023] NSWLEC 1118 Hearing dates: 13-14 February 2023 Date of orders: 16 March 2023 Decision date: 16 March 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The development application (DA2021/235) for the demolition of existing structures and construction of four two-storey townhouses with attic, a shared single basement level and ancillary landscaping at 33 MacKenzie Street, Homebush, is determined by refusal. (3) Exhibits 1, 4, C and H are retained and the remaining exhibits are returned. Catchwords: APPEAL – development application – multi dwelling housing – compliance with minimum lot size development standard – whether consistent with the objective of the standard – whether bulk and scale appropriate for the site in its context Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Strathfield Local Environmental Plan 2012, cll 4.1A, 4.3, 4.6 Cases Cited: Abrams v Council of the City of Sydney [2019] NSWLEC 1583 Goreski v Hurstville City Council (No. 2) [2012] NSWLEC 1026 Kasif v Georges River Council [2020] NSWLEC 1068 PRJM Pty Ltd v Hawkesbury City Council [2016] NSWLEC 1217 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Wechsler v Parramatta City Council [2017] NSWLEC 1663 Texts Cited: Strathfield Consolidated Development Control Plan 2020 Category: Principal judgment Parties: Developer Entity Pty Ltd (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: A Hemmings (Applicant) A Pickles SC (Respondent)