Broadview Group Pty Ltd v Cumberland Council [2017] NSWLEC 1467

Land and Environment Court New South Wales

Medium Neutral Citation: Broadview Group Pty Ltd v Cumberland Council [2017] NSWLEC 1467 Hearing dates: 17-18 August 2017 Date of orders: 29 August 2017 Decision date: 29 August 2017 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 48/2017, to add three additional levels of residential apartments to Tower A and two additional levels of residential apartments and a communal open area to Tower B and modify basement levels, of an approved development, at 95-105 Auburn Road and 18 Harrow Road, Auburn is approved, subject to the conditions of consent at Annexure A. 3. The exhibits, other than exhibits 1, A and B, are returned. Catchwords: DEVELOPMENT APPLICATION: additional floors to an approved residential tower development currently under construction; whether the height of buildings development standard has been abandoned by the Council's own actions; whether the height of the proposal will have an adverse impact on the locality by adding significantly to the bulk, scale and density of the development. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Wehbe v Pittwater Council (2017) 156 LGERA 446 Category: Principal judgment Parties: Broadview Group Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: Ms A. Pearman barrister (Applicant) Mr A. Hudson solicitor (Respondent)

Solicitors: EY (Applicant) Wilshire Webb Stauton Beattie Lawyers (Respondent) File Number(s): 2017/121831