AMH Subsidiary Pty Ltd v Strathfield Municipal Council [2023] NSWLEC 1225

Land and Environment Court New South Wales

Medium Neutral Citation: AMH Subsidiary Pty Ltd v Strathfield Municipal Council [2023] NSWLEC 1225 Hearing dates: Conciliation conference on 2 February 2023 Date of orders: 18 May 2023 Decision date: 18 May 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The Applicant is granted leave to modify the development consent DA2017/21/6 granted by the Land and Environment Court and rely upon the Amended Plans and documents referred to at Condition 1 to Annexure A. (2) The Applicant's Class 1 appeal is upheld. (3) Development Consent is granted to modify the consent to Development Application DA2017/21/6, so as to permit various design modifications to the approved townhouse development, at premises known as 14-26 Telopea Avenue, Homebush West, subject to the conditions contained at Annexure A. Catchwords: MODIFICATION APPLICATION –– modifications to approved development application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 4.56, 8.7 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Strathfield Local Environmental Plan 2012 cll 1.2, 4.3, 4.4 Category: Principal judgment Parties: AMH Subsidiary Pty Ltd (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: V Conomos (Solicitor)(Applicant) M Mallos (Solicitor) (Respondent)