Creed v Strathfield Council [2006] NSWLEC 497

Land and Environment Court of New South Wales

CITATION : Creed v Strathfield Council [2006] NSWLEC 497

Applicant: Robert Creed Architects PARTIES : Respondent: Strathfield Municipal Council

FILE NUMBER(S) : 10937 of 2005

CORAM: Roseth SC - Brown C

KEY ISSUES: Contaminated Land - Development Application :- impact of odours, noise and vibration

DATES OF HEARING: 02/08/2006 and 03/08/2006

DATE OF JUDGMENT: 08/15/2006

Applicant: LEGAL REPRESENTATIVES: Mr A Galasso, barrister instructed by Mr N Kerz of Milad S Raad & Associates, solicitors Mr A Seton, solicitor of Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC with Brown C

15 August 2006

10937 of 2005 Robert Creed Architects v Strathfield Municipal Council

JUDGMENT 1 COMMISSIONERS: This is an appeal against the refusal of Development Application No: 0304/419 by Strathfield Municipal Council (the council) for the construction of a multi-unit housing development at 78 Marlborough Road. Homebush West (the site). The site 2 The site comprises Lot 1 in DP 883809, Lot 2 in DP 881461 and Lots 49, 52-54 in DP 11427. It is crescent-shaped with a total area of 6.9 hectares. The site is currently vacant with no vegetation and recent landfill and earthworks. 3 The Main Western Railway Line is located to the south, the Olympic Park rail line to the west and industrial development generally to the north and part of the eastern boundary. A rehabilitated putrescible waste and chemical disposal tip (the tip site) adjoins part of the northern and eastern boundaries. Residential development in Courallie Avenue adjoins the site's access from Marlborough Road. The southern part of the site is subject to a high voltage electricity transmission easement.