Bhuta v Cumberland Council [2023] NSWLEC 1241

Land and Environment Court New South Wales

Medium Neutral Citation: Bhuta v Cumberland Council [2023] NSWLEC 1241 Hearing dates: 4-5 May 2023 Date of orders: 19 May 2023 Decision date: 19 May 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development consent for development application DA-2020/0569 for the demolition of existing structures, removal of five trees and construction of a multi dwelling development comprising six dwellings over basement car parking with associated earthworks and landscaping at 37 Tungarra Road, Girraween is refused. (3) All exhibits are returned except for Exhibits A, K, L, Q, R and V. Catchwords: DEVELOPMENT APPLICATION – multi dwelling development in R3 Medium density residential zone – breach of the floor space ratio development standard – whether the proposed development will be in the public interest because it is consistent with the objectives of the particular standard Legislation Cited: Cumberland Local Environmental Plan 2021, cl 1.8A Environmental Planning and Assessment Act 1979, ss 4.15, 8.3,8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Holroyd Local Environmental Plan 2013, cll 4.4,4.6 Land and Environment Court Act 1979, s 39 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: Holroyd Development Control Plan 2013 Category: Principal judgment Parties: Arun Bhuta (First Applicant) Anita Bhuta (Second Applicant) Cumberland Council (Respondent) Representation: Counsel: A Bhuta (Self – represented) (Applicants) A Seton (Solicitor) (Respondent)