SSE Corp Pty Ltd v Cumberland Council [2023] NSWLEC 1407

Land and Environment Court New South Wales

Medium Neutral Citation: SSE Corp Pty Ltd v Cumberland Council [2023] NSWLEC 1407 Hearing dates: Conciliation Conference 22 May, 15, 22 and 27 June 2023 Date of orders: 28 July 2023 Decision date: 28 July 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the development application pursuant to s.8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $2,000, with such payment to be made within 28 days of orders being made. (2) The applicant's written request prepared by Andrew Martin Planning dated 21 June 2023 pursuant to cl 4.6 of the Holroyd Local Environmental Plan 2013 (HLEP 2013) to vary the building height development standard in cl 4.3 of the HLEP 2013 is upheld. (3) The appeal is upheld. (4) Development Application No. DA2021/0593 for the construction of an 83 room boarding house with manager's residence at Lots A and B in DP 416471, being Nos. 5 and 7A Octavia Street, Toongabbie, is determined by the grant of consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPEAL – demolition of existing structures – boarding house – justification of contravention of height of building development standard - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Cumberland Local Environmental Plan 2021, cl 1.8A Environmental Planning and Assessment Regulation 2021, s 38 Holroyd Local Environmental Plan 2013, cll 2.5, 4.3, 4.4, 4.6, 5.1, 5.10, 6.1, 6.2, 6.3, 6.5, 6.6, 6.7, 6.8, 6.9, 6.11 State Environmental Planning Policy (Affordable Rental Housing) 2009, Pt 2, cll 26, 27, 28, 29, 30, 30A State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 10, ss 10.2, 10.18 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Ch 2, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: SSE Corp Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: A Gough (Solicitor)(Applicant) C McFadzean (Solicitor)(Respondent)