Event and Time
Event Description
In a Class 1 Development Appeal, the Applicant sought development consent for the demolition of existing structures, tree removal, and the construction of a center-based child care facility for 99 children, including basement parking and associated landscaping, at 23 Gilbert Street, Cabramatta. Following a conciliation conference due to previously contested issues, the parties reached an agreement on the amended application.
Application and Claims
- Applicant: Sought permission for the proposed development under Development Application No. DA/267.1/2022.
- Respondent: As the relevant consent authority contested the initial application but ultimately agreed to an amended application after joint expert conferences resolved the contentious issues.
Judicial Decisions
- The Court ordered the Applicant to pay the Respondent's costs of $3000.
- The appeal was upheld, granting development consent for the amended application subject to conditions specified in Annexure A.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- Compliance with local zoning laws (R2 Low Density Residential), building height, and floor space ratio as outlined in Fairfield Local Environmental Plan 2013. - Proposed development did not exceed maximum height (9m) and complied with the allowable floor space ratio (0.4:1).
- Respondent's Arguments:
- Initially contested various aspects of the development application including traffic, noise, and environmental impacts, raised by local submissions and during expert consultations. - Ultimately agreed to terms that satisfied both the legal prerequisites and local concerns per s 4.16 of the Environmental Planning and Assessment Act 1979.