MAA Consultancy Pty Ltd v Fairfield City Council [2019] NSWLEC 1450

Land and Environment Court New South Wales

Medium Neutral Citation: MAA Consultancy Pty Ltd v Fairfield City Council [2019] NSWLEC 1450 Hearing dates: 31 July 2019; 1 August 2019 Date of orders: 24 September 2019 Decision date: 24 September 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Modification Application 731.2/2011 for use of existing, unauthorised works relating to extensions of a two storey dwelling including creating a dining area, additional bedroom and alfresco area on Lot 105 DP 1159914, also known as 23 Cuthbert Crescent, Edensor Park is approved subject to conditions set out in Annexure A. (3) The exhibits, except for Exhibits A, C, 3 and 4 are returned. Catchwords: MODIFICATION APPLICATION – continuing residential use – FSR exceedance – insufficient landscaping – OSD requirement – existing unapproved works – substantially the same Legislation Cited: Environmental Planning and Assessment Act 1979 Fairfield Local Environmental Plan 2012 Land and Environment Court Act 1979 Cases Cited: Moto Projects (No 2) Pty Limited v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 The Satellite Group (Ultimo) Pty Ltd v Sydney City Council [1998] NSWLEC 244 Texts Cited: Fairfield City Centres Policy 2015 Fairfield City Wide Development Control Plan 2013 Category: Principal judgment Parties: MAA Consultancy Pty Ltd (Applicant) Fairfield City Council (Respondent) Representation: Counsel: R Wilcher, (Solicitor) (Applicant) S Shneider, (Solicitor) (Respondent)