ABC Planning Pty Ltd v Cumberland Council [2019] NSWLEC 1278

Land and Environment Court New South Wales

Medium Neutral Citation: ABC Planning Pty Ltd v Cumberland Council [2019] NSWLEC 1278 Hearing dates: 10-12 April 2019 and 31 July 2019 Date of orders: 13 August 2019 Decision date: 13 August 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Consent is granted to DA 307/2017 for the demolition of existing structures and construction of a mixed-use development comprising three residential towers, three levels of retail/commercial uses, four levels of basement parking, alterations and additions to the Village Tavern on the corner of Queen Street and Harrow Road, and associated stormwater and landscape works at 41 Auburn Road, Auburn is approved, subject to the conditions in Annexure 'A'. (3) All exhibits are returned, except for Exhibits J and 9. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – Auburn Town Centre – key sites development – site isolation - stormwater detention – street wall height Legislation Cited: Auburn Local Environmental Plan 2010 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 1979 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: 680-682 Kingsway Caringbah Pty Ltd v Sutherland Shire Council [2017] NSWLEC 99 Cornerstone Property Group Pty Ltd v Warringah Council (2004) 139 LGERA 245; [2004] NSWLEC 189 Karavellas v Sutherland Shire Council [2004] NSWLEC 251 Melissa Grech v Auburn Council (2004) 140 LGERA 1; [2004] NSWLEC 40 Texts Cited: Apartment Design Guide Auburn Development Control Plan 2010 Category: Principal judgment Parties: ABC Planning Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: A Galasso SC with C Ireland (Applicant) T To (Respondent)