St Hilliers Holding Pty Ltd v Cumberland Council [2024] NSWLEC 1354

Land and Environment Court New South Wales

Medium Neutral Citation: St Hilliers Holding Pty Ltd v Cumberland Council [2024] NSWLEC 1354 Hearing dates: Conciliation conference held on 12 June 2024 Date of orders: 25 June 2024 Decision date: 25 June 2024 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The cl 4.6 written request, prepared by Planning Ingenuity, dated 17 June 2024, pursuant to cl 4.6 of the Cumberland Local Environmental Plan 2021 and seeking a variation to the height of buildings development standard, pursuant to cl 4.3, is upheld. (2) The appeal is upheld. (3) Development Application DA 2023/0588, which seeks demolition of existing structures and construction of a 6-storey co-living housing development for 88 rooms, with basement car parking and landscaping at Lot 11 Deposited Plan (DP) 655964 and Lot 1 DP 1135754, also known as 98-100 St Hilliers Road, Auburn, is determined by the grant of consent, subject to the conditions in Annexure A. (4) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent's costs thrown away as a result of the amended application in the agreed amount of $2,500.00 within 28 days of the date of these orders. Catchwords: DEVELOPMENT APPLICATION – co-living housing development – 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, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Cumberland Local Environmental Plan 2021, cll 2.3, 4.3, 4.6, 5.21, 6.1, 6.2 Environmental Planning and Assessment Regulation 2021, ss 23, 38 (State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.1 State Environmental Planning Policy (Housing) 2021, ss 67, 68, 69, 70 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.122 Texts Cited: Cumberland Development Control Plan 2021 Category: Principal judgment Parties: St Hilliers Holding Pty Ltd (First Applicant) JH Capital Auburn Pty Ltd (Second Applicant) Cumberland Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicants) C McFadzean (Solicitor) (Respondent)