Land and Environment Court New South Wales Medium Neutral Citation: Statewide Planning Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWLEC 1269 Hearing dates: 2 February 2021 Date of orders: 25 May 2021 Decision date: 25 May 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to DA-255/2018 for the demolition of existing structures and the construction of a part five and part six-storey residential flat building containing 59 apartments over two levels of basement parking on a site known as 754-774 Canterbury Road, Belmore, subject to conditions as set out in Annexure A. (3) The exhibits are returned, except for B, E, 1, 3 and 4. 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 Cases Cited: Statewide Planning Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1210 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) Solicitors: Blackstone Waterhouse (Applicant) Canterbury-Bankstown Council (Respondent) File Number(s): 2020/148863 Publication restriction: No Judgment 1. On 4 May 2021, I handed down my reasons for judgment in the Class 1 appeal (Statewide Planning Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1210) to uphold the appeal subject to conditions. I directed the Council to prepare and file conditions of consent in the requisite template and to provide them to the Court. Following receipt of the conditions, I am satisfied that the conditions accord with my judgment and I now make the following orders. 2. The Court orders that: 1. The appeal is upheld. 2. Development consent is granted to DA-255/2018 for the demolition of existing structures and the construction of a part five and part six-storey residential flat building containing 59 apartments over two levels of basement parking on a site known as 754-774 Canterbury Road, Belmore, subject to conditions as set out in Annexure A. 3. The exhibits are returned, except for B, E, 1, 3 and 4. …………………….. S Dixon Senior Commissioner of the Court Annexure A (243608, pdf) ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 25 May 2021