Architecture Design Studio (NSW) Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1398

Land and Environment Court New South Wales

Medium Neutral Citation: Architecture Design Studio (NSW) Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1398 Hearing dates: 12 June 2020 and 17 June 2020 Date of orders: 31 August 2020 Decision date: 31 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 the amended plans marked Exhibit A and other documents listed at [3] subject to the Applicant paying the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is dismissed. (3) Development consent for Development Application No. 376/2018 seeking consent for the demolition of existing structures and the construction of a three storey boarding house over basement car park on land at 1 Ernest Street North, Lakemba is refused. (4) All Exhibits are returned except for Exhibits A, Q and 6. Catchwords: DEVELOPMENT APPLICATION – State Environmental Planning Policy (Affordable Rental Housing) – boarding house development in R4 High Density Residential zone – weight given to draft Local Environmental Plan – clause 30A character of the local area Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court 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 Terrace Tower Holdings Pty Limited v Sutherland Shire Council (2003) 129 LGERA 195; [2003] NSWCA 289 Veloshin v Randwick Council [2007] NSWLEC 428 Wang v Canterbury City Council [2013] NSWLEC 1098 Texts Cited: Canterbury Development Control Plan 2012 Canterbury Development Control Plan 2012, Amendment No. 5 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Category: Principal judgment Parties: Architecture Design Studio (NSW) Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: M Seymour with T Poisel (Applicant) M Bonnano (Solicitor) (Respondent)