Fortune Property Pty Ltd v Cumberland Council [2026] NSWLEC 1356
Before: Espinosa C · NSW Land and Environment Court
Summary
DEVELOPMENT APPEAL — alterations and additions — residential flat building — conciliation conference — agreement between the parties — orders
Catchwords
DEVELOPMENT APPEAL — alterations and additions — residential flat building — conciliation conference — agreement between the parties — orders
Outcome
The Court orders: (1) The appeal is upheld. (2) The applicant’s written request pursuant to cl 4.6 of the Cumberland Local Environmental Plan 2021 seeking a variation to the development standard for building height set out in cl 4.3 of Cumberland Local Environmental Plan 2021 prepared by Planning Ingenuity and dated 25 May 2026 is upheld. (3) The applicant’s written request pursuant to cl 4.6 of the Cumberland Local Environmental Plan 2021 seeking a variation to the development standard for landscaped area set out in s 19(2)(b)(ii) of State Environmental Planning Policy (Housing) 2021 prepared by Planning Ingenuity and dated 25 May 2026 is upheld. (4) The applicant’s written request pursuant to cl 4.6 of the Cumberland Local Environmental Plan 2021 seeking a variation to the development standard for FSR set out in cl 4.4 of Cumberland Local Environmental Plan 2021 prepared by Planning Ingenuity and dated 25 May 2026 is upheld. (5) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the costs of the respondent consent authority that are thrown away as a result of amending the Development Application in the agreed amount of $3,000.00, to be paid within 28 days of the date of these orders. (6) Development Application DA2025/0743 for alterations and additions to a residential flat building approved under Development Consent No. DA-276/2015 incorporating the addition of two storeys; a further six additional residential units (total 26); affordable housing; amendments to the building footprint, unit configuration and external appearance; with strata title subdivision at Lot A DP 329490 and Lot B DP 329490, being No. 8-10 Clarence Street, Lidcombe NSW 2141 is determined by the grant of consent subject to the conditions set out in Annexure ‘A’ to this agreement.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 4.53, 8.7, 8.15 Fisheries Management Act 1994 (NSW) Land and Environment Court Act 1979 (NSW), s 34 Water Management Act 2000 (NSW) Cumberland Local Environmental Plan 2021, cll 4.3, 4.4, 4.6, 5.21, 6.1, 6.2, 6.4, 6.7 Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 38, 96 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9, 6.12, 6.13, 6.14, 6.60 State Environmental Planning Policy (Housing) 2021, ss 15C, 16, 19, 21, 22, 145, 148 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48
Read the full judgment
Authoritative text on NSW Caselaw · ~37k words
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