Hyside Projects Subtwo Pty Ltd v Strathfield Municipal Council [2023] NSWLEC 1217

Land and Environment Court New South Wales

Medium Neutral Citation: Hyside Projects Subtwo Pty Ltd v Strathfield Municipal Council [2023] NSWLEC 1217 Hearing dates: Conciliation conference on 3 February, 15 March and 22 March 2023 Date of orders: 05 May 2023 Decision date: 05 May 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The Appeal is upheld. (2) Development Application No. DA 2021/327, for the construction of an additional 20 storeys above the approved 8 storey building, to result in a 28-storey tower, at premises known as 21 Parramatta Road, Homebush, is determined by the grant of Development Consent subject to the conditions set out in Annexure "A". (3) The Applicant is to pay those costs of the Respondent thrown away, as a result of amending the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $2000. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to shop top housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Flat Development, Pt 2 State Environmental Planning Policy (Resilience and Hazards), s 4.6 Strathfield Local Environmental Plan 2012, cll 4.3, 4.3A, 4.4, 4.4A, 4.6, 6.1, 6.2, 6.4, 6.9, 7.1, Pt 7 Category: Principal judgment Parties: Hyside Projects Subtwo Pty Ltd (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) M Mallos (Solicitor) (Respondent)