Varga Pty Ltd ATF The Liverpool Road Unit Trust v Strathfield Municipal Council [2018] NSWLEC 1666

Varga Pty Ltd ATF The Liverpool Road Unit Trust v Strathfield Municipal Council [2018] NSWLEC 1666

The appeal is upheld and development consent granted, as the proposed development complies with relevant planning instruments except for height, the variation of which is appropriately justified under cl 4.6 of the Strathfield LEP 2012, and consent is in the public interest.

Source-derived case information.

Parties
Applicant: Varga Pty Ltd ATF The Liverpool Road Unit Trust; Respondent: Strathfield Municipal Council
Jurisdiction
Australia
Judgment Date
10 December 2018
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted with conditions; height variation approved; costs order for respondent.
Legal Topics
Development Application, Height Variation, Affordable Housing, Local Environmental Plan, Conciliation Conference
Planning Law Environmental Law Development Application Height Variation Affordable Housing Local Environmental Plan Conciliation Conference

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Parties

Varga Pty Ltd ATF The Liverpool Road Unit Trust

Applicant

Strathfield Municipal Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the proposed development complies with planning instruments and legislation
  2. 2 Whether variation of the height control is justified under cl 4.6 of Strathfield Local Environmental Plan 2012
  3. 3 Whether consent should be granted to the development application

Ratio Decidendi

The appeal is upheld and development consent granted, as the proposed development complies with relevant planning instruments except for height, the variation of which is appropriately justified under cl 4.6 of the Strathfield LEP 2012, and consent is in the public interest.

Court Disposition

Appeal upheld; development consent granted with conditions; height variation approved; costs order for respondent.

Orders

  • The Applicant is granted leave to rely on amended drawings dated 30 October 2018 as per condition 1.1 of Annexure "A".
  • The Applicant is to pay the Respondent's costs thrown away in the amount of $14,000 within 21 days.