Australian Catholic University Limited v Minister for Planning and Infrastructure and Anor [2014] NSWLEC 1238

Land and Environment Court New South Wales

Medium Neutral Citation: Australian Catholic University Limited v Minister for Planning and Infrastructure and Anor [2014] NSWLEC 1238 Hearing dates: 2 - 5 June, 17 October 2014 Decision date: 18 November 2014 Jurisdiction: Class 1 Before: Fakes C and O'Neill C Decision: 1. The appeal is allowed in respect of the Concept Plan application for the proposed upgrading of the Australian Catholic University at 167-169 Albert Road and 179 Albert Road, Strathfield, in the manner and subject to the conditions and the Statement of Commitments set out in Schedules 1, 2 and 3 to Annexure A. 2. Each party pays its own costs of the proceedings. 3. It is noted that it is intended that when the Planning and Assessment Commission (as delegate for the Minister) approves the Concept Plan application, it will exercise the powers under the former section 75P of the Environmental Planning and Assessment Act 1979 in the following manner: (a) The Court notes that the Planning and Assessment Commission (as delegate for the Minister) intends to determine the further environmental assessment requirements pursuant to section 75P(1)(a) and 75P(2)(c) of the Environmental Planning and Assessment Act 1979. (b) pursuant to section 75P(1)(b) of the Environmental Planning and Assessment Act 1979, that all future stages of the Concept Plan approval are subject to Part 4 of that Act. Catchwords: APPEAL: Concept Plan application for the expansion of the Australian Catholic University's Strathfield campus; increase in population; impact of on-street parking on the amenity of the residential area; impact of the height, bulk and scale of the building envelopes on the heritage significance of the campus and the adjoining residential development; hours of operation. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Strathfield Local Environment Plan 2012 Strathfield Planning Scheme Ordinance 1969 Cases Cited: Australian Catholic University Limited v Strathfield Council [1994] NSWLEC 205 Jonah Pty Ltd v Pittwater Council (2006) LGERA 408 Anglican Church Property Trust v Sydney City Council (2003) 139 LGERA 231 Comino v Council of the City of Sydney [2014] NSWLEC 1211 Category: Principal judgment Parties: Australian Catholic University (Applicant) Minister for Planning and Infrastructure (1st Respondent) Strathfield Municipal Council (2nd Respondent) Representation: Mr A. Galasso SC (Applicant) Ms S. Duggan SC (1st Respondent) Mr D. Baird Solicitor (2nd Respondent) Clayton Utz (Applicant) Department of Planning and Infrastructure (1st Respondent) HWL Ebsworth Lawyers (2nd Respondent) File Number(s): 10350 of 2013