Baraz Constructions Pty Limited v Strathfield Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Baraz Constructions Pty Limited v Strathfield Council [2015] NSWLEC 1419 Hearing dates:19 October 2015Date of orders: 20 October 2015 Decision date: 20 October 2015 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: In-fill affordable housing; contentions resolved through amendments made to plans Legislation Cited: Strathfield Local Environmental Plan 2012; State Environmental Planning Policy – (Affordable Rental Housing) 2009; State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings; Environmental Planning and Assessment Act 1979 Texts Cited: Strathfield Consolidated Development Control Plan 2005 Category:Principal judgmentParties: Baraz Constructions Pty Limited (Applicant)   Strathfield Council (Respondent) Representation: Solicitors: Mr G McKee, McKees Legal Solutions (Applicant)   Mr T O’Connor, Houston Dearn O’Connor (Respondent) File Number(s):10148 of 2015Judgment Baraz Constructions Pty Ltd lodged Development Application DA 2014/112 with Strathfield Council on for August, 2014 seeking consent to construct a three-storey residential flat building with a two level basement carpark as infill affordable rental housing. The council refused consent on 17 February 2015 and Baraz is appealing that decision. As the result of an earlier conciliation conference and subsequent joint conferencing between the parties’ town planners, the contentions in the case have been resolved through the provision of amended plans and the parties are seeking consent orders from the court. The site The site is legally identified as Lot 29 in DP 35941 and has the street address of No 36 Noble Avenue, Strathfield. It is a wedge shape with...