Courallie Avenue Pty Limited v Strathfield Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Courallie Avenue Pty Limited v Strathfield Council [2015] NSWLEC 1128 Hearing dates: 20-21 April, 2015 Decision date: 30 April 2015 Jurisdiction:Class 1Before: O’Neill C Decision: 1. The appeal is upheld.2. Development Application No. 2013/052 for the demolition of existing structures, remediation works and construction of three detached three storey residential flat buildings containing 36 units, basement parking and construction of a drainage culvert, is approved, subject to the conditions of consent at Annexure A.3. The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: residential flat building; exception to the height of buildings development standard; privacy and overlooking; waste collection; flooding. Legislation Cited: Environmental Planning and Assessment Act 1979Land and Environment Court Act 1979 Cases Cited: Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Category:Principal judgmentParties: Courallie Avenue Pty Limited (Applicant) Strathfield Council (Respondent) Representation: Counsel: Mr A. Pickles Barrister (Applicant) Ms P. Burns Solicitor (Respondent) Solicitors: Storey & Gough Lawyers (Applicant) Maddocks Lawyers (Respondent) File Number(s): 10622 of 2014 Judgment COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 2013/052 for the demolition of existing structures, remediation works and construction of three detached, three storey residential flat buildings, containing 36 units, basement parking and construction of a drainage culvert (the proposal), at 21 Mandemar Avenue, Homebush West (the site) by Strathfield Council (the...