RRS Holdings Aust Pty Ltd v Cumberland Council [2023] NSWLEC 1627

Land and Environment Court New South Wales

Medium Neutral Citation: RRS Holdings Aust Pty Ltd v Cumberland Council [2023] NSWLEC 1627 Hearing dates: Conciliation conference 19 July, 14 September 2023 Date of orders: 24 October 2023 Decision date: 24 October 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $4,000 within 28 days. (2) The appeal is upheld. (3) Development application DA2022/0643 for the demolition of existing structures and construction of a mixed use development comprising of an eighty (80) place child care centre, four (4) residential apartments for National Disability Insurance Scheme rental and an indoor recreation facility (swimming pool/school) at 31 Mary Street, Lidcombe NSW 2141, is determined by the grant of development consent subject to the conditions in the annexure marked A. Catchwords: DEVELOPMENT APPLICATION – construction of a mixed use development – conciliation conference – amended plans and documents – agreement between the parties – orders made. Legislation Cited: Cumberland Local Environmental Plan 2021, cll 2.7, 4.3, 4.4, 4.6, 5.21, 6.1, 6.2, 6.4, 6.7 Education and Care Services National Regulations 2011, regs 107, 108 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 29 Fisheries Management Act 1994 Land and Environment Court Act 1979, s 34 State Environment Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13, 6.14 6.65 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.3, 3.22, 3.23, 3.26 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 4, 30 Water Management Act 2000 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118. RebelMH Neutral Bay Pty Ltd v North Sydney Council [2019] NSWCA 130 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: RRS Holdings Aust Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: J Farrell (Applicant) C McFadzean (Solicitor) (Respondent)