H.A Design Group Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1521

H.A Design Group Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1521

The amended proposal for demolition and construction complies with planning controls, successfully addresses heritage and contamination considerations, and the parties’ agreement is within the power of the Court to make, so consent is granted.

Parties
Applicant: H.A Design Group Pty Ltd; Respondent: Strathfield Municipal Council
Jurisdiction
Australia
Judgment Date
27 September 2022
Procedural Posture
Development Application Appeal / Final Orders After Conciliation
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Heritage Conservation Area, Grant of Consent
Planning and Environment Law Development Application Heritage Conservation Area Grant of Consent

Case Brief

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Parties

H.A Design Group Pty Ltd

Applicant

Strathfield Municipal Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders After Conciliation

Legal Issues

  1. 1 Whether the amended development application for demolition and construction at 2 Woodward Avenue, Strathfield should be granted consent
  2. 2 Whether the proposal has an acceptable effect on the heritage significance of the heritage conservation area

Ratio Decidendi

The amended proposal for demolition and construction complies with planning controls, successfully addresses heritage and contamination considerations, and the parties’ agreement is within the power of the Court to make, so consent is granted.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application No. 2021/110 for the demolition of existing structures and construction of a two-storey dwelling, swimming pool and associated landscaping works, as amended, at 2 Woodward Avenue, Strathfield, is determined by the grant of consent, subject to the conditions of consent at Annexure A.