Mamfredas v Canterbury-Bankstown Council [2021] NSWLEC 1213

Land and Environment Court New South Wales

Medium Neutral Citation: Mamfredas v Canterbury-Bankstown Council [2021] NSWLEC 1213 Hearing dates: 29-30 March 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Class 1 Before: Rappoport AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA-220/2018 for the demolition of the existing single storey weatherboard dwelling, brick structure, and associated brick garage and the construction of 3 attached terrace houses, with an associated loft is approved in accordance with the conditions of consent filed with the Court on 28 April 2021 (Annexure A) and architectural plans by Archi Spectrum dated 18 February 2021 (Issue I). (3) The exhibits are retained (exhibits 1-7 inclusive and A-D inclusive). Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing 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 No 55—Remediation of Land Cases Cited: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 492; (2004) 136 LGERA 254 Texts Cited: Canterbury Development Contributions Plan 2013 Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Andre Mamfredas (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)