Ghazi Al Ali Architect Pty Ltd v Canterbury Bankstown Council [2020] NSWLEC 1487

Land and Environment Court New South Wales

Medium Neutral Citation: Ghazi Al Ali Architect Pty Ltd v Canterbury Bankstown Council [2020] NSWLEC 1487 Hearing dates: 21 and 22 July 2020 Date of orders: 15 October 2020 Decision date: 15 October 2020 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) Leave is granted to rely on further amended architectural plans (Exhibit C) and Landscape Plans (Exhibit E). (2) The appeal is upheld. (3) Development consent is granted for Development Application No. 37/2019 as amended, seeking development consent for the demolition of 2 existing single storey residential dwellings and construction of a 3 storey plus attic boarding house with 1 basement at 56 and 58 Fifth Avenue, Campsie being Lots A & B in Deposited Plan 367942 subject to conditions of consent marked "A". (4) The exhibits, except for Exhibits 1, A, B, C and E are returned. Catchwords: DEVELOPMENT APPEAL – boarding house – character and streetscape – site isolation – amenity of future lodgers – solar access to adjoining private open space – interpretation of a savings provision requiring a determination of a development application as if the plan had not commenced – orders Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy 55— Remediation of Land State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Alamdo Holdings Pty Limited v The Hills Shire Council [2012] NSWLEC 1302 Aldi Foods Pty Limited v Holroyd City Council (2004) 139 LGERA 259; [2004] NSWLEC 253 Bandong v Penrith City Council (2014) 205 LGERA 109; [2014] NSWLEC 1226 Karavellas v Sutherland Shire Council [2004] NSWLEC 251 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Terrace Tower Holdings Pty Limited v Sutherland Shire Council (2003) 129 LGERA 195; [2003] NSWCA 289 Texts Cited: Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Ghazi Al Ali Architect Pty Ltd (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: S Berveling (Applicant) M Bonanno (Solicitor) (Respondent)