Skyton Holdings No 5 Pty Ltd v Strathfield Municipal Council [2023] NSWLEC 1724

Land and Environment Court New South Wales

Medium Neutral Citation: Skyton Holdings No 5 Pty Ltd v Strathfield Municipal Council [2023] NSWLEC 1724 Hearing dates: Conciliation conference held on 24 November 2023 Date of orders: 01 December 2023 Decision date: 01 December 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The written request, prepared by Think Planners, dated 19 April 2023, pursuant to clause 4.6 of the Strathfield Local Environmental Plan 2012 and seeking a variation to the height of building development standard, pursuant to clause 4.3, is upheld. (2) The appeal is upheld. (3) Development Application DA2021/272, which seeks the demolition of existing structures, tree removal, and construction of a part 4 storey, part 5 storey residential flat building with basement car parking containing 45 residential units on Lot 3 in Deposited Plan (DP) 1261802, also known as 74-76 Marlborough Road, Homebush West, is determined by the grant of consent, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential flat building – breach in height development standard – variation of development standard - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.47, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.47, 2.98, 2.99 State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development, cll 28, 30 Strathfield Local Environmental Plan 2012, cll 2.3, 4.3, 4.6 Texts Cited: Strathfield Development Control Plan 20 – Parramatta Rd Corridor 2006 Category: Principal judgment Parties: Skyton Holdings No 5 Pty Ltd (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) M Mallos (Solicitor) (Respondent)