Metland 2 Pty Ltd v Cumberland Council [2024] NSWLEC 1395

Land and Environment Court New South Wales

Medium Neutral Citation: Metland 2 Pty Ltd v Cumberland Council [2024] NSWLEC 1395 Hearing dates: Conciliation conferences on 14 May 2024 and 11 June Date of orders: 10 July 2024 Decision date: 10 July 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is directed to file the amended development application, the subject of Order (4), within 7 days of the date of this Order. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondents costs thrown away as a result of the amended application in the agreed amount of $4,000.00 within 28 days of the date of these orders. (3) The appeal is upheld. (4) Development consent is granted for the demolition of existing structures, tree removal, and subsequent construction of an eight-storey, 92 room co-living housing development, including manager's room, with ground floor commercial premises, above basement parking for 23 vehicles, with associated landscaping at 25 Station Road, Auburn subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – co-living housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Cumberland Local Environmental Plan 2021, cll 2.3, 2.7, 4.3, 4.4, 5.21, 6.2, 6.4, 6.7, 6.12, 6.13 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Housing) 2021, Pt 3, ss 67, 68, 69 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Metland 2 Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: J Koprivnjak (Solicitor) (Applicant) C McFadzean (Solicitor) (Respondent)