Jaks Construction Services Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1000

Land and Environment Court New South Wales

Medium Neutral Citation: Jaks Construction Services Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1000 Hearing dates: 1 and 2 December 2020 Date of orders: 4 January 2021 Decision date: 04 January 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend their development application and to rely on the stormwater concept plans prepared by TAA Consulting Engineers for the site, dated 7 December 2020 and marked Revision C. (2) The appeal is upheld. (3) Consent is granted to Development Application No. DA212/2018 for demolition of existing structures and construction of a five-storey mixed use development (with communal open space situated on the sixth floor) comprising 23 residential apartments, two commercial premises and basement parking at Lots 3 and 4, DP 9055, with a street address of 287-289 Canterbury Road, Canterbury subject to conditions in Annexure A. (4) The exhibits are returned with the exception of Exhibits A, B, 1 and 3. Catchwords: DEVELOPMENT APPLICATION – mixed use development – Canterbury Road frontage – variation to minimum lot width control – desired future character – whether the development is acceptable on merit – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 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 Cases Cited: FFS Canterbury Pty Ltd v Canterbury Bankstown Council [2017] NSWLEC 1145 Project Venture Developments Pty Ltd v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Apartment Design Guide Canterbury Development Control Plan 2012 New South Wales, Development Near Rail Corridors and Busy Roads – Interim Guideline (2008) Category: Principal judgment Parties: Jaks Construction Services Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: T March (Applicant) S Kondilios (Solicitor) (Respondent)