Modern Building Development Pty Ltd v Cumberland Council [2025] NSWLEC 1070

Land and Environment Court New South Wales

Medium Neutral Citation: Modern Building Development Pty Ltd v Cumberland Council [2025] NSWLEC 1070 Hearing dates: 18, 19, 22 July 2024. Further submissions received 25 July 2024. Date of orders: 11 February 2025 Decision date: 11 February 2025 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is dismissed. (2) Development application number 2023/0118, as amended, for the removal of trees, demolition of existing structures and construction of a centre based child care facility at 12 Florence Street, South Wentworthville, is refused. (3) The Exhibits are returned, except for Exhibits A, C, 1. Catchwords: DEVELOPMENT APPEAL – centre based child care facility – site amalgamation – genuine offers - variation to consolidation plan – concept plans - impacts on adjoining property – likely impacts of development Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.43, 4.15 Land and Environment Court Act 1979, s 39 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.26. 3.27 Cumberland Local Environmental Plan 2021 Cases Cited: Statewide Planning Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1210 Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254; [2004] NSWLEC 472 Texts Cited: Cumberland Development Control Plan 2021 Category: Principal judgment Parties: Modern Building Development Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: M Fozzard (Applicant) C McFadzean (Solicitor) (Respondent)