Taleb v Fairfield City Council [2018] NSWLEC 1091

Land and Environment Court New South Wales

Medium Neutral Citation: Taleb v Fairfield City Council [2018] NSWLEC 1091 Hearing dates: 26 February 2018 Date of orders: 06 March 2018 Decision date: 28 February 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. Development Application No. 622.1/2016 for the demolition of existing structures, subdivision into 5 allotments and construction of an attached dwelling on each allotment is approved, subject to the conditions of consent at Annexure A. 2. The appeal is upheld. 3. The exhibits, other than exhibits 1, A and B, are returned. Catchwords: DEVELOPMENT APPLICATION: subdivision and construction of attached dwellings; whether the lot sizes are consistent with the predominant subdivision pattern of the area. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446 Category: Principal judgment Parties: Ahmed Taleb (Applicant) Fairfield City Council (Respondent) Representation: Counsel: Mr S. Patterson solicitor (Applicant) Mr A. Seton solicitor (Respondent)

Solicitors: Wilshire Webb Staunton Beattie Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 2017/132361 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 622.1/2016 for the demolition of existing structures and Torrens Title subdivision of the site into 5 allotments and construction of a two storey attached dwelling on each of the 5 allotments (the proposal) at 126 High Street, Cabramatta West (the site) by Fairfield Council (the Council). 2. The appeal was subject to mandatory conciliation on 13 September 2017, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation conference, it was terminated, pursuant to s 34(4) of the LEC Act. 3. Leave was granted by the Court on 8 November 2017 for the applicant to rely on an amended proposal (exhibit A). An amended Statement of Facts and Contentions was filed by the respondent on 22 December 2017 (exhibit 1).