Katcorp Developments Pty Ltd v Canterbury Bankstown Council [2021] NSWLEC 1062

Land and Environment Court New South Wales

Medium Neutral Citation: Katcorp Developments Pty Ltd v Canterbury Bankstown Council [2021] NSWLEC 1062 Hearing dates: Conciliation conference held on 4 and 16 December 2020 and 19 January 2021 Date of orders: 10 February 2021 Decision date: 10 February 2021 Jurisdiction: Class 1 Before: Morris AC Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application and rely upon the following plans in the proceedings referred to at condition 2 in Annexure A. (2) The appeal is upheld. (3) Development application DA-359/2019 for the demolition of existing structures and erection of a multi dwelling housing development comprising 9 dwellings over basement parking at premises known as 75-79 Eighth Avenue, Campsie is approved subject to the conditions in Annexure A. (4) The Applicant is to pay the Respondent's s 8.15(3) costs thrown away in the proceeding in the agreed amount $4,000. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing – conciliation conference – agreement between the parties 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 No 55—Remediation of Land Texts Cited: Canterbury Development Control Plan 2012 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (July 2020) Category: Principal judgment Parties: Katcorp Developments Pty Ltd (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)