Liquid Design Pty Ltd v Strathfield Municipal Council [2020] NSWLEC 1126

Land and Environment Court New South Wales

Medium Neutral Citation: Liquid Design Pty Ltd v Strathfield Municipal Council [2020] NSWLEC 1126 Hearing dates: 6 and 7 November 2019 Date of orders: 17 March 2020 Decision date: 17 March 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant is granted leave to amend its development application and to rely on amended plans. (2) The Applicant is to pay the Respondent's costs thrown away as a result of amending the development application, as agreed or assessed, under s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is upheld. (4) Development application DA 2017/194, as amended, for demolition of existing structures, and construction of a part 4/part 5 storey boarding house with 46 lodgers rooms, a manager's residence and a single level of basement car parking at 18 Malborough Road, Homebush West Street, is determined by the grant of consent, subject to the conditions attached at Annexure 'A'. (5) The exhibits are returned, except Exhibits A, B, D, F and 1. Catchwords: DEVELOPMENT APPLICATION – construction of a boarding house – height of proposed development – whether cl 4.6 written request to vary the height development standard in Local Environment Plan is required – whether consolidation of lots is required Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Strathfield Local Environment Plan 2012 Cases Cited: 193 Liverpool Road Pty Ltd v Inner West Council [2017] NSWLEC 13 Maham Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1168 Parker Logan Pty Ltd v Inner West Council [2018] NSWLEC 1339 Project Venture Developments Pty Ltd v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Strathfield Consolidated Development Control Plan 2005 Strathfield Development Control Plan No 20 – Guidelines for the Siting, Design and Erection of Developments Within the Parramatta Road Corridor Area Category: Principal judgment Parties: Liquid Design Pty Ltd (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: H Irish (Applicant) M Cottom (Respondent)