The Trustee for J. J. Discretionary Trust v Strathfield Municipal Council [2025] NSWLEC 1101

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustee for J. J. Discretionary Trust v Strathfield Municipal Council [2025] NSWLEC 1101 Hearing dates: Conciliation conference on 12 December 2024 and 24 January 2025 Date of orders: 25 February 2025 Decision date: 25 February 2025 Jurisdiction: Class 1 Before: Miller AC Decision: The orders of the Court are: (1) The Applicant's written request pursuant to clause 4.6 of the Strathfield Local Environmental Plan 2012 seeking a contravention of the height of building development standard set out in clause 4.3 is upheld. (2) The Applicant's written request pursuant to clause 4.6 of the Strathfield Local Environmental Plan 2012 seeking a contravention of floor space ratio development standard set out in clause 4.4 of Strathfield Local Environmental Plan 2012 and non-discretionary development standard set out in s 68(2)(a)(ii) of State Environmental Planning Policy (Housing) 2021 is upheld. (3) The appeal is upheld. (4) Development Application No DA2024.59 for demolition of existing structures and construction of a co-living housing development comprising 80 rooms with basement parking at 13-14 The Crescent, Homebush (Lot A and B DP 16209), is determined by the grant of consent subject to the conditions contained in Annexure A. (5) The Applicant is to pay the Respondent's costs thrown away by the amendment of the Development Application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $5,000 within 28 days of the date of these orders. Catchwords: APPEAL – development application – co-living housing – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.15, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.6, Ch 6, ss 6.6, 6.7, 6.9 State Environmental Planning Policy (Housing) 2021, Ch 2, Pt 3 s. 47, Ch 3, Pt 3, ss 68, 69 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Strathfield Local Environmental Plan 2012, cll 2.7, 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.4 Texts Cited: Department of Planning, Guidelines for the Retention of Existing Affordable Rental Housing' (October 2009) NSW Department of Planning and Environment, Apartment Design Guide (July 2015) Category: Principal judgment Parties: The Trustee for J.J. Discretionary Trust (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) M Mellos (Solicitor) (Respondent)