El-Zebde v Canterbury-Bankstown Council [2021] NSWLEC 1082

Land and Environment Court New South Wales

Medium Neutral Citation: El-Zebde v Canterbury-Bankstown Council [2021] NSWLEC 1082 Hearing dates: Conciliation conference on 5 February 2021 Date of orders: 18 February 2021 Decision date: 18 February 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon: (a) Written request prepared pursuant to clause 4.6 of Bankstown Local Environmental Plan 2015 (BLEP15) in relation to a variation which is sought to the development standards related to minimum lot sizes and special provisions for dual occupancies contained in clause 4.1A of BLEP15, prepared by GAT & Associates, dated 15 January 2021; (b) Revision B of Architectural Plans numbered DA01, DA02, DA03, DA04, DA05, DA06, DA07, DA08, DA09 prepared AKT Engineering and Consulting dated 8 December 2020. (2) The Applicant's written request prepared pursuant to clause 4.6 of BLEP15 dated 15 January 2021 seeking to justify the breach of the development standard pertaining to the minimum front building line width pursuant to clause 4.1A of BLEP15 has been considered and I have formed the necessary opinion of satisfaction under clause 4.6(4) of BLEP15. Consequently, the Applicant's written request is well founded and is upheld. (3) The appeal is upheld. (4) Development Application No. DA-929-2019 seeking demolition of existing structures and construction of a two-storey attached dual occupancy with front brick fence and Torrens title subdivision at 2 Willow Place, Bass Hill (Lot 8 in Deposited Plan 238203) is approved subject to the Conditions of Consent annexed hereto and marked "A". Catchwords: DEVELOPMENT APPLICATION – Dual occupancy development – variation to lot frontage control – conciliation agreement – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 49 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy No 55—Remediation of Land, cl 7(1) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6(1) Bankstown Local Environmental Plan 2015, cll 4.1A, 4.3, 4.4, 4.6, 6.1, 6.2 Category: Principal judgment Parties: Khodr Ali El-Zebde (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) M Bonanno (Solicitor) (Respondent)