Linfield Developments Pty Ltd v Cumberland Council [2019] NSWLEC 131

Land and Environment Court New South Wales

Medium Neutral Citation: Linfield Developments Pty Ltd v Cumberland Council [2019] NSWLEC 131 Hearing dates: 17 – 19 September 2019 Date of orders: 20 September 2019 Decision date: 20 September 2019 Jurisdiction: Class 1 Before: Robson J Decision: See orders at [29] Catchwords: DEVELOPMENT APPLICATION – appeal against Council's deemed refusal of development application for demolition of existing structures and construction of shop top housing and residential flat buildings above commercial premises over basement car parking – cl 4.6 written request seeking to exceed the height development standard – consideration of further material and amended plans – appeal upheld – development consent granted subject to conditions of consent Legislation Cited: Auburn Development Control Plan 2010 Auburn Local Environmental Plan 2010 cll 4.3, 4.6 Environmental Planning and Assessment Act 1979 (NSW) ss 1.4, 8.15 Standard Instrument (Local Environmental Plans) Order 2006 cl 4.6 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Land and Environment Court Practice Note – Class 1 Development Appeals NSW Department of Planning and Environment, "Apartment Design Guide", July 2015 Category: Principal judgment Parties: Linfield Developments Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: N Eastman with L Nurpuri (Applicant) A Gough, solicitor (Respondent)