Rod Zoby Group Pty Ltd trading as ZTA Group v Canterbury-Bankstown Council [2020] NSWLEC 1464

Land and Environment Court New South Wales

Medium Neutral Citation: Rod Zoby Group Pty Ltd trading as ZTA Group v Canterbury-Bankstown Council [2020] NSWLEC 1464 Hearing dates: Conciliation conference on 7 September 2020 Date of orders: 06 October 2020 Decision date: 06 October 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The applicant is granted leave to amend the application to rely upon the following amended or additional plans and documents: a) DA 00 issue E dated 3 September 2020 b) DA 01 issue E dated 3 September 2020 c) DA 02 issue E dated 3 September 2020 d) DA 03 issue E dated 3 September 2020 e) DA 04 issue E dated 3 September 2020 f) DA 05 issue E dated 3 September 2020 g) DA 06 issue E dated 3 September 2020 h) DA 07 issue E dated 3 September 2020 i) DA 08 issue E dated 3 September 2020 j) DA 09 issue E dated 3 September 2020 k) DA 10 issue E dated 3 September 2020 l) DA 11 issue B dated 3 March 2020 m) DA 12 issue B dated 3 March 2020 n) DA 13 issue B dated 3 March 2020 o) DA 14 issue B dated 3 March 2020 p) DA 15 issue B dated 6 August 2020 q) DA 16 issue E dated 3 September 2020 r) DA 17 issue E dated 3 September 2020 s) DA 17.1 issue E dated 3 September 2020 t) DA 18 issue D dated 5 August 2020 u) Landscape plan 1874.GD.01 issue B 8 September 2020 v) BASIX certificate 1092950M_03 dated 8 September 2020 (2) The appeal is upheld. (3) Development Application No. 229/2018 for the demolition of an existing dwelling and construction of a two-storey boarding house development consisting of nine rooms, inclusive of one accessible room, and basement parking, at 5 McPherson Avenue, Punchbowl, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties Legislation Cited: Bankstown Local Environmental Plan 2015 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 No 65 — Design Quality for Residential Apartment Development Cases Cited: Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195; [2003] NSWCA 289 Category: Principal judgment Parties: Rod Zoby Group Pty Ltd trading as ZTA Group (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: S Shneider (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)