Maroun v Fairfield City Council [2024] NSWLEC 1217

Land and Environment Court New South Wales

Medium Neutral Citation: Maroun v Fairfield City Council [2024] NSWLEC 1217 Hearing dates: Conciliation conference on 11-12 March 2024, 22 April 2024 Date of orders: 30 April 2024 Decision date: 30 April 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. 157.1/2023 for the construction of a dwelling with attached garage and swimming pool with associated earthworks and landscaping, and the relocation of building envelope restrictions at 35 Arundel Road, Horsley Park, is determined by the grant of consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – dwelling house development in RU4 Primary Production Small Lot zone – heritage significance – conciliation conference – agreement between experts – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38 Fairfield Local Environmental Plan 2013, cll 4.1, 4.3, 5.10, 6.1, 6.2, 6.9, Sch 5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.13 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Precincts—Western Parkland City) 2021, s 4.17 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Texts Cited: Fairfield Citywide Development Control Plan 2013 Fairfield City Stormwater Management Policy 2017 Category: Principal judgment Parties: James Maroun (Applicant) Fairfield City Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) A Seton (Solicitor) (Respondent)