Ahmad Corp Pty Ltd v Fairfield City Council [2018] NSWLEC 1526

Land and Environment Court New South Wales

Medium Neutral Citation: Ahmad Corp Pty Ltd v Fairfield City Council [2018] NSWLEC 1526 Hearing dates: 30-31 August 2018 Date of orders: 09 October 2018 Decision date: 09 October 2018 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The application to modify the development consent for the construction of a 6-storey mixed use development at 882-890 Woodville Road and 3-5 Howatt Street, Villawood (granted by the Land and Environment Court on 10 November 2015 in proceedings 15/10306), by adding one additional level comprising 12 residential units, is refused. (2) The exhibits are returned, except for Exhibits A, B, 4 and 6. Catchwords: MODIFICATION APPLICATION – development consent granted by the Court following conciliation – modification seeks an additional storey for the proposed development – whether substantially the same development – weight to be given to an urban design study and a planning proposal – whether intended character of the area should be taken from current controls or planning proposal – whether proposed modified development consistent with future desired character – whether proposed modified development minimises overshadowing Legislation Cited: Environmental Planning and Assessment Act 1979 Fairfield Local Environmental Plan 2013 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: Ahmad Corp Pty Ltd v Fairfield City Council [2015] NSWLEC 1450 Bassett and Joans Architects Pty Ltd v Waverley Council (No 2) [2005] NSWLEC 530 Innerwest 888 Pty Ltd v Canterbury Bankstown Council [2017] NSWLEC 1241 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Ozzy States Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1413 Parker Logan Property Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1333 Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254; [2004] NSWLEC 472 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Woollahra Municipal Council v D'Albora Marinas Pty Ltd (1992) 75 LGRA 46 Texts Cited: Fairfield Development Control Plan 2013 Villawood Town Centre Planning Proposal Villawood Town Centre Structure Plan 2008 Villawood Town Centre Urban Design Study 2018 Category: Principal judgment Parties: Ahmad Corp Pty Ltd (Applicant) Fairfield City Council (Respondent) Representation: Counsel: T To (Applicant)