Rashbehaeri & Co Pty Ltd v Cumberland Council [2024] NSWLEC 1800

Land and Environment Court New South Wales

Medium Neutral Citation: Rashbehaeri & Co Pty Ltd v Cumberland Council [2024] NSWLEC 1800 Hearing dates: Conciliation conference 14 October 2024, 28 November 2024 Date of orders: 12 December 2024 Decision date: 12 December 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away by reason of the amendment of Development Application DA2022/0786 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, agreed in the sum of $3,000 to be paid within 28 days of orders being made in accordance with this agreement. (2) The appeal is upheld. (3) Development application DA2022/0786, as amended, for the demolition of existing structures and construction of a shop top housing development comprising of a medical centre, radiology and 4 residential units at Lot Z in DP 403715, being No. 1 Octavia Street, Toongabbie, is determined by the grant of consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures and construction of shop top housing – conciliation and amended plans and material – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Fisheries Management Act 1994 Land and Environment Court Act 1979, s 34 Water Management Act 2000 Cumberland Local Environmental Plan 2021 cl 2.7, 4.3, 4.4, 4.6, 5.21, 6.2, 6.4, 6.7, 6.9, 6.12 Environmental Planning and Assessment Regulations 2021, ss 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 6, s 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13, 6.14, 6.60, 6.65 State Environment Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development 2002, cl 30 State Environmental Planning Policy Amendment (Housing) 2023 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.59, 2.60 Texts Cited: Apartment Design Guide 2016 Cumberland Development Control Plan 2021 Category: Principal judgment Parties: Rashbehari Saha & Co Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: S Patterson, solicitor (Applicant) C McFadzean, solicitor (Respondent)