Frederick Street 1 Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1433

Land and Environment Court New South Wales

Medium Neutral Citation: Frederick Street 1 Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1433 Hearing dates: 11 September 2020 Date of orders: 21 September 2020 Decision date: 21 September 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application and rely on the amended plans and documents in condition 2 of Annexure A. (2) Pursuant to s8.15(3) of the Environmental Planning and Assessment Act, the applicant is to pay the respondent's s8.15(3) costs thrown away in the proceeding in the agreed amount of $6,000, within 28 days of the date of these Orders. (3) The appeal is upheld. (4) Development application DA-2/2019 seeking the demolition of existing structures and construction of a 3-storey residential flat building comprising of 9 units and car parking is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential flat building – amenity – character – contamination assessment – conciliation conference – agreement between the parties – orders Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Texts Cited: Apartment Design Guide Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Frederick Street 1 Pty Ltd (First Applicant) Frederick Street 2 Pty Ltd (Second Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicants) M Bonanno (Solicitor) (Respondent)