Lee v Cumberland Council [2019] NSWLEC 1226

Land and Environment Court New South Wales

Medium Neutral Citation: Lee v Cumberland Council [2019] NSWLEC 1226 Hearing dates: Conciliation conference on 3 May 2019 Date of orders: 24 May 2019 Decision date: 24 May 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders: (1) The applicants are given leave to amend the development application and rely upon the plans in the proceedings referred to at condition 1 in Annexure A. (2) The applicants are to pay the respondent's s 8.15(3) costs thrown away in the proceeding as agreed or assessed. (3) The applicants have filed a written request pursuant to clause 4.6 of Auburn LEP 2010 prepared by Nexus Environmental Planned Pty Ltd and dated 8 May 2019. The request accords with the amended plans. I have received that request and, in accordance with clause 4.6(4) of LEP 2010, I am satisfied that: (a) the written request adequately establishes sufficient environmental planning grounds that justify the breach of the height standard; (b) the written request demonstrates that compliance with the height development standard is unreasonable and unnecessary as the objectives of the height development standard are met notwithstanding the non-compliance; and (c) on this basis I am satisfied that the requirements of clause 4.6 of LEP 2010 are met. (4) The appeal is upheld. (5) Development application DA-320/2016 seeking the demolition of existing structures and construction of a 10 storey shop top housing development over basement car parking at 54-56 Joseph Street, Lidcombe is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – shop top housing –conciliation conference – agreement between the parties – orders Legislation Cited: Auburn Local Environmental Plan 2010 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Joung Sup Lee (First Applicant) Sod Hee Lee (Second Applicant) Cumberland Council (Respondent) Representation: Solicitors: V Conomos, Conomos Legal (Applicants) A Gough, Storey & Gough Lawyers (Respondent) File Number(s): 2018/236288 Publication restriction: No