Barker Group NSW Pty Ltd v Albury City Council [2023] NSWLEC 1259

Land and Environment Court New South Wales

Medium Neutral Citation: Barker Group NSW Pty Ltd v Albury City Council [2023] NSWLEC 1259 Hearing dates: Conciliation conference 11 April 2023 Date of orders: 31 May 2023 Decision date: 31 May 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) Leave is granted to the Applicant to amend Development Application No. 10.2021.38929.1 and rely on the amended plans listed at Condition 1 of Annexure A to this agreement. (2) The appeal is upheld. (3) Development Application No. 10.2021.38929.1 seeking consent for a three-storey residential flat building comprising 18 units and basement parking at Lot 23 in Deposited Plan 1251747 otherwise described as 557 Thurgoona Street, Albury, is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – Residential flat building – conciliation conference – amended plans – orders made Legislation Cited: Albury Local Environmental Plan 2010, cll 2.3, 7.1, 7.6, 7.8 Environmental Planning and Assessment Act 1979, ss 4.12, 4.15, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 29 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 Apartment Development 2000, cll 28, 30, Sch 1 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Texts Cited: Australian Standard AS2870 (2011): Residential slabs and footings Australian Standard AS1668.2 (2002): The use of ventilation and airconditioning in buildings - Ventilation design for indoor air contaminant control Category: Principal judgment Parties: Barker Group NSW Pty Ltd (Applicant) Albury City Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Reid (Respondent)