Karai v Cumberland Council [2024] NSWLEC 1145

Land and Environment Court New South Wales

Medium Neutral Citation: Karai v Cumberland Council [2024] NSWLEC 1145 Hearing dates: Conciliation conference on 31 January 2024 Date of orders: 27 March 2024 Decision date: 27 March 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The applicant's written request under clause 4.6 of the Cumberland Local Environmental Plan 2021, seeking a variation of the development standard for floor space ratio set out in section 3.25(1) of the State Environmental Planning Policy (Transport and Infrastructure) 2021 is upheld. (2) The appeal is upheld. (3) Development Application DA2022/0789 (as amended) for the demolition of the existing dwelling and associated structures and construction of a two-storey centre-based childcare facility for 124 children over basement carpark including associated site works at 33 Hawkesbury Road Westmead NSW 2145 (Lot 1 DP 8359 and Lot 2 in DP 8359) is determined by the grant of development consent, subject to the conditions set out in Annexure B. (4) The applicant is to pay the respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, agreed in sum of $1,500 to be paid within 28 days of orders being made finalising the proceedings. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, ss 34, 39 Cumberland Local Environmental Plan 2021, cll 2.7, 4.6, 6.4, 6.7, 6.9 Education and Care Services National Regulations, regs 107, 108 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.25 Category: Principal judgment Parties: Friya Karai (Applicant) Cumberland Council (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) C McFadzean (Solicitor) (Respondent)