Landmark Group Australia Pty Limited v Holroyd City Council [2015] NSWLEC 1564

Land and Environment Court New South Wales

Medium Neutral Citation: Landmark Group Australia Pty Limited v Holroyd City Council [2015] NSWLEC 1564 Hearing dates: 16,17,18 November 2015 Date of orders: 13 January 2016 Decision date: 13 January 2016 Jurisdiction: Class 1 Before: Brown C Decision: See orders and directions at pars 58, 90 and 124 Catchwords: DEVELOPMENT APPLICATION: three separate but related appeals for the erection of residential flat buildings - building setbacks - building separation - inadequate balcony space - solar access – communal open space - temporary access - internal amenity Legislation Cited: Environmental Planning and Assessment Act 1979 Holroyd Local Environmental Plan 2013 Cases Cited: State Environmental Planning Policy (Infrastructure) 2006 State Environmental Planning Policy No. 65

Modern Motels Pty Limited v Fairfield City Council [2013] NSWLEC 138 Category: Principal judgment Parties: Landmark Group Australia Pty Limited (Applicant) Holroyd City Council (Respondent) Representation: Counsel: Mr A Galasso SC (Applicant) Mr A Seton, solicitor (Respondent)

Solicitors: Gadens (Applicant) Marsdens Law Group (Respondent) File Number(s): 10616 of 2015, 10617 of 2015, 10654 of 2015 Publication restriction: No

Judgment 1. COMMISSIONER: These are three separate but related appeals against the refusal by Holroyd City Council of three separate development applications for the erection of 4 residential flat buildings on land at 1-7 and 9-11 Neil Street, Merrylands (the site). 2. The appeals are set out below and shown on the plan on the following page: * Appeal No 10616 of 2015 - Development Application DA 2015/202 proposes the construction of a 9 storey residential flat building containing 137 residential units over 3 levels of basement car parking and associated stormwater and landscape works. This building is known as Building 1 in the development of the site. * Appeal No 10617 of 2015 - Development Application DA2015/63 proposes the construction of two buildings known as Buildings 5 and 6 in the development of the site. . Proposed Building 5 is 4 storeys in height and contains 14 units, and proposed Building 6 is 10 storeys in height and contains 103 units. The buildings are constructed over 2 levels of basement car parking and include associated stormwater and landscape works. * Appeal No 10654 of 2015 – Development Application DA2015/203 proposes the construction of a 9 storey residential flat building containing 93 residential units over 3 levels of basement car parking, temporary access and associated stormwater and landscape works. This building is known as Building 2 in the development of the site.