Al Maha Pty Ltd v Strathfield Council [2017] NSWLEC 1083

Land and Environment Court New South Wales

Medium Neutral Citation: Al Maha Pty Ltd v Strathfield Council [2017] NSWLEC 1083 Hearing dates: 6, 7 February 2017 Date of orders: 24 February 2017 Decision date: 24 February 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are: 1. The appeal is dismissed; 2. Development application DA 2015/020 for the construction of additional levels of residential accommodation to an approved mixed use development at 17-35 Parramatta Road and 5 Powell Street, Homebush is refused; 3. The Applicant is to pay the Respondent costs thrown away as a result of amending the development application pursuant to s97B as may be agreed or assessed; 4. The exhibits are returned with the exception of exhibits A, and 1. Catchwords: DEVELOPMENT APPEAL: under s97(1) against refusal of consent for additional storeys on approved towers – appropriate weight to consideration of state strategy – key site provisions – acceptability of additional height and floor space – amenity impacts – clause 4.6 variation request not upheld. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy 55 - Remediation of Land State Environmental Planning Policy 55 – Infrastructure State Environmental Planning Policy 65: Design Quality of Residential Apartment Development Cases Cited: Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGERA 21 Wehbe v Pittwater Council [2007] NSWLEC 827 Davies v Penrith Council [2013] NSWLEC 1141 Moskovic v Waverley Council [2016] NSWLEC 1015 Vigor Master Pty Ltd v Warringah Council [2011] NSWLEC1096 Cachia v Manly Council (No. 2) [2009] NSWLEC 1107 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council 129LGERA 195 Maygood Australia Pty Ltd v Willoughby [2013] NSWLEC142 Hooker Corporation Pty Limited v Hornsby Shire Council (1986) 130 LGERA 438 Texts Cited: Residential Flat Design Code Parramatta Road Corridor Urban Transformation Strategy Category: Principal judgment Parties: Al Maha Pty Ltd (Applicant) Strathfield Council (Respondent) Representation: Counsel: T. To, (Applicant) A. Seton, Marsdens Law Group (Respondent) File Number(s): 2016/00211029 Publication restriction: No