Sun Life Dior Pty Ltd ATF Sun Life Dior Unit Trust v Fairfield Council [2020] NSWLEC 1087

Land and Environment Court New South Wales

Medium Neutral Citation: Sun Life Dior Pty Ltd ATF Sun Life Dior Unit Trust v Fairfield Council [2020] NSWLEC 1087 Hearing dates: 31 October 2019; 1 November 2019; 13 November 2019; agreed conditions of consent filed with the Court on 4 December 2019 Date of orders: 28 February 2020 Decision date: 28 February 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders are: (1) The appeal is upheld. (2) Development consent is granted to Development Application No 97.1/2018 (as amended) for demolition and construction of a six-storey residential flat building containing two basement levels of parking at 7-11 Weston Street, Fairfield subject to the conditions set out in Annexure A. (3) The exhibits are returned except for Exhibits 2, B and O. Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures and construction of a six-storey residential flat building containing two basement levels of parking – in proximity to the de Freitas Wetland –floor space ratio (FSR) development standard – construction and interpretation of cl 4.4A of Fairfield Local Environmental Plan 2013 – determine which FSR applies – appropriateness of built form – bulk and scale – public interest Legislation Cited: Environmental Planning and Assessment Act 1979 Fairfield Local Environmental Plan 2013 Cases Cited: Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297; [1981] HCA 26 Texts Cited: Apartment Design Guide Fairfield Citywide Development Control Plan 2013 Macquarie Dictionary (Seventh edition) Category: Principal judgment Parties: Sun Life Dior Pty Ltd ATF Sun Life Dior Unit Trust (Applicant) Fairfield Council (Respondent) Representation: Counsel: T Robertson SC (Applicant) A Seton (Solicitor) (Respondent)