Michael Raad Architects Pty Ltd v Strathfield Municipal Council [2018] NSWLEC 1019

Land and Environment Court New South Wales

Medium Neutral Citation: Michael Raad Architects Pty Ltd v Strathfield Municipal Council [2018] NSWLEC 1019 Hearing dates: 16 January 2018 Date of orders: 23 January 2018 Decision date: 23 January 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: The Orders of the Court are:

(1) the Applicant is granted leave to rely on the amended plans and reports listed at Condition 1 of Annexure 'A' to this judgment; (2) the appeal is upheld; (3) the Applicant's modification application (DA405/176/9), as amended, which seeks to modify Development Consent 405/176 through deletion of the second level of basement car parking underneath Building 6 at 81-86 Courallie Avenue, Homebush West, is approved, subject to the modifications of conditions of consent annexed hereto as Annexure 'A'; (4) as a consequence of the order (3) above, Development Consent No. 405/176 is now subject to the consolidated, modified conditions of consent as set out in Annexure 'B'; (5) the exhibits are returned. Catchwords: MODIFICATION OF DEVELOPMENT CONSENT: appeal to delete a second level of basement car parking, including 83 car parking spaces; substantially the same development; adequacy of car parking provisions; public interest. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 Design Quality of Residential Flat Development Strathfield Local Environment Plan 2012 Cases Cited: Nil Texts Cited: Apartment Design Guide 2015 Development Control Plan No25 – 79 Courallie Avenue Homebush West State Environmental Planning Policy No 65 Design Quality of Residential Flat Development Strathfield Local Environment Plan 2012 Strathfield Consolidated Development Control Plan 2005 Category: Principal judgment Parties: Michael Raad Architects Pty Ltd (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: Mr P McEwen (Applicant) Mr M Staunton (Respondent)