Al Maha Pty Ltd v Strathfield Municipal Council [2017] NSWLEC 1649

Land and Environment Court New South Wales

Medium Neutral Citation: Al Maha Pty Ltd v Strathfield Municipal Council [2017] NSWLEC 1649 Hearing dates: 31 October 2017, conditions 14 November 2017 Date of orders: 18 December 2017 Decision date: 20 November 2017 Jurisdiction: Class 1 Before: Brown C Decision: (1) The appeal is upheld. (2) DA2017/021 for the demolition of existing site structures and construction of a part two storey and part three storey town house development at 12 - 26 Telopea Avenue, Homebush West is approved subject to the conditions in Annexure A. (3) The exhibits are returned with the exception of exhibits 1, B and C. Catchwords: DEVELOPMENT APPLICATION: demolition of existing structures and construction of a part three storey and part two storey town house development; inadequate front setback, unit size and solar access Legislation Cited: Environmental Planning and Assessment Act 1979 Strathfield Local Environmental Plan 2012 Category: Principal judgment Parties: Al Maha Pty Ltd (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: Mr G McKee, solicitor (Applicant) Dr J Smith, barrister (Respondent)

Solicitors: McKees Legal Solutions (Applicant) Matthews Folbigg Pty Ltd.(Respondent) File Number(s): 2017/193512 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the refusal of DA2017/021 for demolition of existing site structures and construction of a part two storey and part three storey town house development comprising of 26 town houses (21 x 3 bedroom and 5 x 2 bedroom) over one level of basement parking at 14-26 Telopea Avenue, Homebush West (the site). 2. Following the preparation of amended plans, the architectural plans (Exhibit B) identify Townhouses 1 to 28 although there are no Townhouses 6 or 14. The townhouses are generally 3 storey with the exception of the adaptable townhouses that are 2 storey (Townhouses 5, 13, 20, 27 and 28). 3. The council maintains that the development application should be refused for the following reasons: * inadequate front setback, * inadequate internal area for some townhouses, and * inadequate solar access for some townhouses.