EACT Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1289

Land and Environment Court New South Wales

Medium Neutral Citation: EACT Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1289 Hearing dates: 2-3 June 2020 Date of orders: 07 July 2020 Decision date: 07 July 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted to rely on an amended BASIX certificate, dated 1 July 2020, amended driveway design plan with swept path movements (Revision B), undated, and acoustic report (version 3), dated 29 May 2020. (2) The appeal is dismissed. (3) Development Application 517/2018, as amended, seeking the demolition of existing structures and construction of a three-storey boarding house of 20 rooms with parking on Lot 120 DP 3846, also known as 19 Park Street, Campsie is refused. (4) The exhibits, except for Exhibits 1, 3, 4, D and H are returned. Catchwords: DEVELOPMENT APPLICATION – boarding house – compatibility with character and streetscape – parking provision with car share – bulk and scale – accommodation room size – interpretation of a savings provision 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 Cases Cited: Alamdo Holdings Pty Limited v The Hills Shire Council [2012] NSWLEC 1302 Maygood Australia Pty Limited v Willoughby City Council [2013] NSWLEC 142 Terrace Tower Holdings Pty Limited v Sutherland Shire Council (2003) 129 LGERA 195; [2003] NSWCA 289 Texts Cited: Australian Standards 2890.1:2004 Part 1: Off street car parking Canterbury Development Control Plan 2012 Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' (March 2020) Category: Principal judgment Parties: EACT Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) A Seton (Solicitor) (Respondent)