Event and Time
Event Description
- Type of Case: Development Appeal
- Location: Schofields, New South Wales
- Court: Land and Environment Court of NSW
- Date of Final Decision: November 15, 2023
- Development Application (DA): DA-21-02226 involving demolition, subdivision, and construction activities on specified lots.
Application and Claims
- The applicant sought development consent for:
- Demolition of existing structures - Removal of trees - Subdivision of land into 13 lots (12 Torrens Title lots and 1 superlot) - Construction of 12 two-storey dwellings - Construction of 11 two-storey townhouses - Development of public and internal roads, civil and stormwater works, landscaping, and associated site improvements.
- Disputed points arose concerning the compliance of the application with applicable planning policies and community concerns.
Judicial Decisions
- Decision Rendered: The appeal was upheld, and the development application was granted consent subject to certain conditions outlined in Annexure “A.”
- The Commissioner decided based on a s 34 conciliation agreement reached between the parties.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Position:
- Argued that the DA complied with the relevant provisions of the Environmental Planning and Assessment Act 1979. - Presented evidence including an Arboricultural Impact Assessment and reports indicating suitable land use.
- Respondent's Position:
- Initially highlighted non-compliance with various provisions of the planning instruments in the Statement of Facts and Contentions (SOFAC). - Expressed concerns regarding community submissions received during the DA notification.