Statewide Planning Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1210

Land and Environment Court New South Wales

Medium Neutral Citation: Statewide Planning Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1210 Hearing dates: 2 February 2021 Date of orders: 4 May 2021 Decision date: 04 May 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: See directions at [119] below. Catchwords: DEVELOPMENT APPLICATION – application seeking consent for the demolition of existing structures and the construction of a part five and part six-storey residential flat building – site isolation – whether proposed development isolates adjoining corner lot – the relevance of planning principles in the assessment process Legislation Cited: Canterbury Local Environment Plan 2012 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 50 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cll 66C, 101, 102 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 28, 30 Cases Cited: 680-682 Kingsway Caringbah Pty Ltd v Sutherland Shire Council [2017] NSWLEC 99 Cornerstone Property Group Pty Ltd v Warringah Council [2004] NSWLEC 189 Karavellas v Sutherland Shire Council [2004] NSWLEC 251 Texts Cited: Apartment Design Guide Canterbury Development Control Plan 2012 Canterbury Development Contributions Plan 2013 Category: Principal judgment Parties: Statewide Planning Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: P Tomasetti SC with J Farrell (Applicant) A Galasso SC (Respondent)