Lu Projects Pty Ltd v Fairfield City Council [2019] NSWLEC 1021

Land and Environment Court New South Wales

Medium Neutral Citation: Lu Projects Pty Ltd v Fairfield City Council [2019] NSWLEC 1021 Hearing dates: 10 – 11 December 2018 Date of orders: 30 January 2019 Decision date: 30 January 2019 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) The appeal is dismissed. (2) Development Application 353.1/2017 to demolish existing structures and construct a three (3) storey mixed use development including commercial/retail space and child care centre, with two basement levels and roof top play area at Lot 2 DP 509105 and Lot 12 DP 883460, also known as 259 and 261 Cabramatta Road West, Cabramatta is refused. (3) The exhibits, except for Exhibits 2, 4, 6, A and D, are returned. Catchwords: DEVELOPMENT APPLICATION: commercial/retail space; child care centre; cl 4.6 variation to height standard; vehicle emissions; classified road; roof top outdoor play area; ventilation and solar access; waste management. Legislation Cited: Education and Care Services National Regulations 2018 Environmental Planning and Assessment Act 1979 Fairfield Local Environment Plan 2013 Land and Environment Court Act 1979 Roads Act 1993 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Brigham v Canterbury–Bankstown Council [2018] NSWLEC 1406 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Wehbe v Pittwater Council [2007] NSWLEC827 Texts Cited: Cabramatta Town Centre Development Control Plan No. 5 2000 Child Care Planning Guidelines 2017 Fairfield City Wide Development Control Plan 2013 Category: Principal judgment Parties: Lu Projects Pty Ltd (Applicant) Fairfield City Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant)