Abdul-Rahman v Cumberland Council [2020] NSWLEC 1162

Land and Environment Court New South Wales

Medium Neutral Citation: Abdul-Rahman v Cumberland Council [2020] NSWLEC 1162 Hearing dates: Conciliation conference on 25 March 2020 Date of orders: 07 April 2020 Decision date: 07 April 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans, copies of which are contained in Annexure 'A'. (2) The Applicant is to pay the Respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 and agreed in the amount of $7,350.00 within 28 days. (3) The appeal is upheld. (4) Development application DA-495/2017 for the demolition of all existing buildings and ancillary structures, construction of a residential flat building, comprising one (2) basement levels containing car parking (18 spaces), and 5 levels (containing 16 units) at 26 Railway Terrace, Granville, is approved subject to conditions in Annexure 'B'. Catchwords: DEVELOPMENT APPLICATION – Residential Flat Building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Parramatta Local Environmental Plan 2010 State Environmental Planning Policy (Affordable Rental Housing) 2009 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 Category: Principal judgment Parties: Omar Abdul-Rahman (Applicant) Cumberland Council (Respondent) Representation: Counsel: R O'Gorman Hughes (Applicant) A Gough (Solicitor) (Respondent)