SK2V 2 Pty Ltd v Cumberland Council [2026] NSWLEC 1587
Before: Swan AC · NSW Land and Environment Court
Summary
This appeal was lodged by SK2V 2 Pty Ltd (the Applicant) under s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) and relates to the actual refusal by the Cumberland Local Planning Panel (LPP) of development application DA2025/0824. As amended during the s 34 conciliation conference, the development application (DA) seeks consent for demolition of existing structures and the erection of a mixed use building, comprising a centre based child care facility for 40 childre
Catchwords
DEVELOPMENT APPLICATION — mixed use development — co living housing — centre based child care facility — clause 4.6 variation floor space ratio — conciliation conference — agreement between the parties — orders made
Outcome
The Court orders that: (1) 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 that have been thrown away as a result of the amendment to the development application in the amount of $4,000 within 28 days of these orders. (2) The appeal is upheld. (3) Development consent is granted to development application DA2025/0824 for the demolition of existing structures and the erection of a mixed use building comprising a centre based child care facility for 40 children, 68 co-living housing rooms and a café at Lot 49 and Lot 50 in DP 13009 (being No 3-5 Gilba Road, Pendle Hill), subject to the conditions of consent at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Cumberland Local Environmental Plan 2021, cll 2.3, 2.7, 4.3, 4.4, 4.6, 6.2, 6.4, 6.7, 6.9, 6.12 Education and Care Services National Regulations 2011 (NSW), ss 107,108 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9, 6.11 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.10 (Repealed) State Environmental Planning Policy (Housing) 2021, Ch 3, Pt 3, ss 67, 68, 69, 70 State Environmental Planning Policy (Planning Systems) 2021, s 4.31 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.23, 3.26 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 3.22 (Repealed)
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