St Enid Holdings Pty Ltd v Cumberland Council [2023] NSWLEC 1663

Land and Environment Court New South Wales

Medium Neutral Citation: St Enid Holdings Pty Ltd v Cumberland Council [2023] NSWLEC 1663 Hearing dates: Conciliation Conference 25 October 2023 Date of orders: 07 November 2023 Decision date: 07 November 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) The applicant's written request pursuant to cl 4.6 of Cumberland Local Environmental Plan 2021 seeking a variation to the development standard for height of buildings set out in cl 4.3 of Cumberland Local Environmental Plan 2021 prepared by Planning Ingenuity dated 25 October 2023 is upheld. (3) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent consent authority that are thrown away as a result of amending the development application, in the amount of $1,500.00 within 28 days. (4) Development Application DA2023/0317 for demolition of existing structures and construction of a co-living housing building containing 49 rooms on land legally comprising of the allotment described as Lots A and B DP 342775, known as 31-33 Enid Avenue, Granville is determined by the granting of consent subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPEAL – co-living housing – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 ss 6.5, 6.6, 6.7, ch 6 Cumberland Local Environmental Plan 2021, cll 2.5, 2.7, 4.3, 4.4, 4.6, 5.1, 5.10, 5.21, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.9, 6.14, 6.16, sch 5 State Environmental Planning Policy (Housing) 2021, ss 67, 68, 69, 70 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Department of Infrastructure, Planning and Natural Resources, 'Floodplain Development Manual', April 2005 Category: Principal judgment Parties: St Enid Holdings Pty Ltd ACN 662 182 210 (Applicant) Cumberland Council (Respondent) Representation: Counsel: G McKee (Solicitor)(Applicant) C McFadzean (Respondent)