Refai v Canterbury Bankstown Council [2020] NSWLEC 1680

Land and Environment Court New South Wales

Medium Neutral Citation: Refai v Canterbury Bankstown Council [2020] NSWLEC 1680 Hearing dates: Conciliation Conference on 15 December 2020 Date of orders: 24 December 2020 Decision date: 24 December 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA-163/2018, as amended, for demolition of the existing buildings and associated structures and the construction of a five storey residential flat building over two levels of basement carparking on land identified as Lots 29, 30 and 31 in Deposited Plan 10105 and known 599 – 603 Canterbury Road Belmore be approved subject to the conditions included at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential flat building – conciliation – agreement between the parties – orders Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index) BASIX 2004 State Environmental Planning Policy (Infrastructure) 2007 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 Category: Principal judgment Parties: Ahmad Refai (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: J Farrell (Applicant) D Loether (Solicitor) (Respondent)