FPG Powell Pty Ltd v Strathfield Council [2017] NSWLEC 1096

Land and Environment Court New South Wales

Medium Neutral Citation: FPG Powell Pty Ltd v Strathfield Council [2017] NSWLEC 1096 Hearing dates: 31 January 1 February 2017 Date of orders: 01 March 2017 Decision date: 01 March 2017 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: residential flat building; design. amenity impacts; drainage and flooding Legislation Cited: Strathfield Local Environmental Plan 2012; State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development; State Environmental Planning Policy (Building Sustainability Index Basix) 2004; State Environmental Planning Policy No 55 – Remediation of land Category: Principal judgment Parties: FPG Powell Pty Ltd (Applicant)

Strathfield Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant) Mr T Hale SC (Respondent) Solicitors: Mr G Hartley Hartley Solicitors (Applicant) Mr S Shneider Houston Dearn O'Connor (Respondent) File Number(s): 263468/2016

Judgment 1. FPG Powell Pty Ltd (FPG) lodged development application No 2016/113 with Strathfield Council on 5 July 2015 seeking consent to demolish an existing sign and commercial building and construct a residential flat building comprising three levels of basement parking including a car lift and twenty nine residential apartments above at Nos. 37 Powell Street and 103 Underwood Road, Homebush. 2. The council had not determined the application within the prescribed period and FPG is appealing its deemed refusal.