Iris Hotels Wentworthville Property Pty Ltd ATF Iris Hotels Wentworthville Property Trust v Cumberland Council [2024] NSWLEC 1023

Land and Environment Court New South Wales

Medium Neutral Citation: Iris Hotels Wentworthville Property Pty Ltd ATF Iris Hotels Wentworthville Property Trust v Cumberland Council [2024] NSWLEC 1023 Hearing dates: Conciliation Conference 19 January 2024 Date of orders: 30 January 2024 Decision date: 30 January 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No DA2021/0624 for the demolition of the northern building and the construction of a pub, hotel and signage at 385 Great Western Highway, South Wentworthville is determined by granting consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – demolition – construction of hotel and pub – frontage onto classified road – height of building - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.46, 8.7 Land and Environment Court Act 1979, s 34 Cumberland Local Environmental Plan 2021, cll 2.7, 4.3, 4.4, 4.6, 5.1, 5.1A, 5.10, 5.21, 6.1, 6.3, 6.4, 6.5, 6.6, 6.7, 6.9, 6.10, 6.14, 6.16, Sch 5 Environmental Planning and Assessment Regulation 2000, cll 49, 55 State Environmental Planning Policy (Industry and Employment) 2021, ss 3.1, 3.6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.119, Div 5 Subdiv 5 Roads Act 1993, s 138 Category: Principal judgment Parties: Iris Hotels Wentworthville Property Ltd ATF Iris Hotels Wentworthville Property Trust (Applicant) Cumberland Council (Respondent) Representation: Counsel: J Oldknow (Solicitor)(Applicant) C McFadzean (Solicitor) (Respondent)