M.R.R Property Investments Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1318

Land and Environment Court New South Wales

Medium Neutral Citation: M.R.R Property Investments Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1318 Hearing dates: Conciliation conference on 27 May 2020 and 18 June 2020 Date of orders: 23 July 2020 Decision date: 23 July 2020 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) The Applicant is granted leave to amend the development application and rely upon the following plans in the proceedings referred to at Condition 5 in 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 in the agreed amount of $2,000. (3) The appeal is upheld. (4) The Modification application to modify DA Consent DA-121/2018 for the demolition of existing structures and construction of multi-dwelling housing is approved subject to the conditions in Annexure A. Catchwords: S 4.56 MODIFICATION APPLICATION – multi dwelling housing – affordable housing – 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 Category: Principal judgment Parties: M.R.R Property Investments Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)