Courallie Avenue Pty Limited v Strathfield Council [2015] NSWLEC 1128

Land and Environment Court New South Wales

Medium Neutral Citation: Courallie Avenue Pty Limited v Strathfield Council [2015] NSWLEC 1128 Hearing dates: 20-21 April, 2015 Decision date: 30 April 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 2013/052 for the demolition of existing structures, remediation works and construction of three detached three storey residential flat buildings containing 36 units, basement parking and construction of a drainage culvert, is approved, subject to the conditions of consent at Annexure A. 3. The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: residential flat building; exception to the height of buildings development standard; privacy and overlooking; waste collection; flooding. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Category: Principal judgment Parties: Courallie Avenue Pty Limited (Applicant) Strathfield Council (Respondent) Representation: Counsel: Mr A. Pickles Barrister (Applicant) Ms P. Burns Solicitor (Respondent)

Solicitors: Storey & Gough Lawyers (Applicant) Maddocks Lawyers (Respondent) File Number(s): 10622 of 2014

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 2013/052 for the demolition of existing structures, remediation works and construction of three detached, three storey residential flat buildings, containing 36 units, basement parking and construction of a drainage culvert (the proposal), at 21 Mandemar Avenue, Homebush West (the site) by Strathfield Council (the Council). 2. The appeal was subject to mandatory conciliation on 23 October, 2014, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 4 February, 2015, pursuant to s 34(4) of the LEC Act. The proposal was amended following the termination of the conciliation conference and leave was granted by the Court on 11 February, 2015 for the applicant to rely on the amended proposal.