Anglican Community Services v Fairfield City Council [2023] NSWLEC 1160

Land and Environment Court New South Wales

Medium Neutral Citation: Anglican Community Services v Fairfield City Council [2023] NSWLEC 1160 Hearing dates: Conciliation conference 31 March 2023 Date of orders: 06 April 2023 Decision date: 06 April 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Pursuant to s 113 of the Environmental Planning and Assessment Regulation 2021, the Applicant is granted leave to amend Modification Application No. MA15.3/2019 to rely upon the amended plans and documents which are referenced in Condition 1 of Annexure 'A'. (2) The appeal is upheld. (3) Pursuant to s 4.56 of the Environmental Planning and Assessment Act 1979, Modification Application No. MA15.3/2019 seeking consent to modify Development Consent No. DA15.1/2019 by providing air conditioning units within balconies of the approved 6 storey residential flat building and boarding house at 38 Kenyon Street, Fairfield NSW, is approved and Development Consent No. DA15.1/ 2019 is modified in the terms set out in Annexure 'A'. (4) As a consequence of order (3) Development Consent No. DA15.1/2019 is subject to the consolidated modified conditions in Annexure 'B'. Catchwords: MODIFICATION APPLICATION – Modification to allow for air conditioning – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.56, 8.9 Environmental Planning and Assessment Regulation 2021, ss 102, 113, Sch 7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Anglican Community Services trading as Anglicare v Fairfield City Council [2019] NSWLEC 1616 Category: Principal judgment Parties: Anglican Community Services (Applicant) Fairfield City Council (Respondent) Representation: Counsel: R Pleming (Solicitor) (Applicant) A Foley (Solicitor) (Respondent)