Darwich v Cumberland Council [2024] NSWLEC 1183

Land and Environment Court New South Wales

Medium Neutral Citation: Darwich v Cumberland Council [2024] NSWLEC 1183 Hearing dates: Conciliation Conference on 21 February and 11 and 15 March 2024 Date of orders: 16 April 2024 Decision date: 16 April 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent that have been thrown away as a result of the amendment of the development application, agreed in the sum of $3,000.00 within 28 days of this order. (2) The appeal is upheld. (3) Development consent is granted to development application DA 2022/0393 for the demolition of existing structures, consolidation of 2 allotments and the construction of 16 attached dwellings and semi-detached dwellings with strata title subdivision at 1-3 Maunder Street, Regents Park NSW 2143, legally known as Lots 34 and 35 in DP 10575, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – 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, s 34 Cumberland Local Environmental Plan 2021, cll 2.2, 2.3, 2.7, 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.4, 6.7 and 6.12 Environmental Planning and Assessment Regulation 2021, ss 23 and 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 10, ss 6.7, 6.65, 10.2, 10.18, 10.19, 10.20, 10.20, 10.21, 10.22, 10.23, 10.24 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Texts Cited: Cumberland Development Control Plan 2021 Category: Principal judgment Parties: Sam Darwich (Applicant) Cumberland Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) C McFazdean (Solicitor) (Respondent)