Kayellou v Canterbury Bankstown Council [2020] NSWLEC 1361

Land and Environment Court New South Wales

Medium Neutral Citation: Kayellou v Canterbury Bankstown Council [2020] NSWLEC 1361 Hearing dates: 27-28 July 2020 Date of orders: 17 August 2020 Decision date: 17 August 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application and rely upon amended plans marked Exhibit M subject to paying the Respondent's costs thrown away as agreed or assessed in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is dismissed. (3) Development consent for Development Application 486/2018 for the demolition of existing site structures and construction of a two storey boarding house containing 6 rooms, and a communal room, alfresco area, with two (2) at grade car parking spaces, 1 garage, two (2) motorcycle spaces and two (2) bicycle spaces at 14 Taylor Street, Lakemba is refused. (4) All Exhibits are returned except for Exhibit E, H, M, 6 and 8. Catchwords: DEVELOPMENT APPLICATION – Weight given to draft Local Environmental Plan – State Environmental Planning Policy (Affordable Rental Housing) – Character of the local area Legislation Cited: Canterbury Local Environmental Plan 2012 Canterbury Local Environmental Plan 2012 (Amendment No 16) Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Alamdo Holdings Pty Limited v The Hills Shire Council [2012] NSWLEC 1302 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Omid Mohebati-Arani v Kuringai Council [2017] NSWLEC 143 Texts Cited: Building Code of Australia Canterbury Development Control Plan 2012 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (July 2020) Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Practice Note - Class 1 Residential Development Appeals Category: Principal judgment Parties: Farah Kayellou (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) A Seton (Solicitor) (Respondent)