The Court upheld the appeal and approved a 6-storey residential flat building with 49 apartments (25 affordable housing) over 3 basement levels, finding that an in-principle agreement for a stormwater drainage easement documented in a solicitor's email constituted 'adequate arrangements' under cl 6.9 of the Fairfield LEP, applying the Eskander test requiring 'tangible proof' of an arrangement 'made' in the nature of an 'understanding between two or more persons'. The Court accepted a cl 4.6 variation for a 1.69m (8.45%) building height exceedance, treating the provision of 51% affordable housing GFA, site topography, and the need to accommodate basement waste collection as sufficient environmental planning grounds, and noting that under the current Housing SEPP bonus provisions the permissible height would be 26m. Off-site stormwater works on the adjoining property were lawfully imposed by condition of consent under s 4.17(1)(f) without requiring landowner's consent to the DA, following Stokes and distinguishing Al Maha and CKDI.
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