Zabakly v Canterbury-Bankstown Council [2020] NSWLEC 1272

Land and Environment Court New South Wales

Medium Neutral Citation: Zabakly v Canterbury-Bankstown Council [2020] NSWLEC 1272 Hearing dates: Conciliation conference 07 April 2020 Date of orders: 26 June 2020 Decision date: 26 June 2020 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court Orders: (1) The Applicant is given leave to amend the development application and rely upon the following plans in the proceedings referred to at condition 3 in Schedule B of Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away on the amended plans in the agreed amount of $4,400. (3) The appeal is upheld. (4) Development application 229/2019 seeking alterations and additions to an existing dwelling, BCA upgrades and use of a separate existing building at the rear of the site as a secondary dwelling is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions – secondary dwelling – conciliation conference – agreement between the parties – orders Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land Category: Principal judgment Parties: Lina Zabakly (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)