The Motel Group Pty Ltd v Strathfield Council [2017] NSWLEC 1227

Land and Environment Court New South Wales

Medium Neutral Citation: The Motel Group Pty Ltd v Strathfield Council [2017] NSWLEC 1227 Hearing dates: 20 February 2017 Date of orders: 05 May 2017 Decision date: 05 May 2017 Jurisdiction: Class 1 Before: Martin SC Decision: See [64] below Catchwords: DEVELOPMENT APPLICATION – consent orders; residential flat development; resident objections; clause 4.6 variation application Legislation Cited: Apartment Design Guide Environmental Planning and Assessment Act 1979 ss 79(1)(c); 97 State Environmental Planning Policy (Affordable Rental Housing) Policy 2009 Strathfield Local Environmental Plan 2012 Strathfield Consolidated Development Control Plan 2005 – Part C: Multiple-unit Housing Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: The Motel Group Pty Limited (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: Mr V Conomos (Solicitor)(Applicant) Ms C Morton (Solicitor)(Respondent) Solicitors: Conomos Legal (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2016/317855 Publication restriction: No

JUDGMENT 1. This appeal is brought pursuant to s 97 of the Environmental Planning and Assessment Act 1979 (the EPA Act) for consent orders in relation to the deemed refusal by the Strathfield Municipal Council (the Council) of development application DA2016/140. That development application seeks consent for the amalgamation of three allotments of land at 401-405 Liverpool Road, Strathfield (the Site), the demolition of existing structures on those allotments and the construction of a residential flat development containing 65 apartments and comprising three detached buildings. 2. The proposed apartment mix includes the following; * 2 x studio apartments * 21 x 1 bedroom apartments * 37 x 2 bedroom apartments * 5 x 3 bedroom apartments * 10 of these apartments are dedicated as adaptable units * 81 car spaces in 2 levels of basement carparking * Areas of landscaping (including a rooftop garden) and communal open space * 50% of the gross floor area is to be dedicated to affordable housing under the State Environmental Planning Policy (Affordable Rental Housing) 2009.