Nakhoul v Canterbury-Bankstown Council [2020] NSWLEC 1320

Land and Environment Court New South Wales

Medium Neutral Citation: Nakhoul v Canterbury-Bankstown Council [2020] NSWLEC 1320 Hearing dates: 9-10 July 2020 Date of orders: 23 July 2020 Decision date: 23 July 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The applicant is granted leave to amend the development application by relying on the plans and BASIX certificate referenced in conditions at Annexure A. (2) The applicant is granted leave to amend the application by relying on the amended written request under clause 4.6 of Bankstown Local Environmental Plan 2015, dated 9 July 2020. (3) The applicant's written request under clause 4.6 of Bankstown Local Environmental Plan 2015 is upheld. (4) The appeal is upheld. (5) Development Application 1087/2019 seeking development consent for the demolition of existing structures and construction of a two-storey attached dual occupancy, and associated works, and Torrens title subdivision at 40 Angus Crescent, Yagoona, is approved subject to the conditions at Annexure A. (6) Exhibits are returned with the exception of Exhibits 1, A, B, C, D and E. Catchwords: DEVELOPMENT APPLICATION – dual occupancy – contravention of lot width standard – corner block – internal amenity – precedent Legislation Cited: Bankstown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Emmott v Ku-ring-gai Municipal Council (1954) 3 LGRA 177 Goldin v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101; [2002] NSWLEC 75 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Bankstown Development Control Plan 2015 Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' Category: Principal judgment Parties: Chris Nakhoul (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: J McKelvey (Applicant) M Bonanno (Solicitor) (Respondent)