KVP Industries Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1297

Land and Environment Court New South Wales

Medium Neutral Citation: KVP Industries Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1297 Hearing dates: Conciliation conference on 28 May 2021 Date of orders: 2 June 2021 Decision date: 02 June 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) Leave is granted for the applicant to rely on amended plans and documents referred to as Annexure CN-1 of the affidavit of Mr Christopher Nehme sworn 25 May 2021. (2) The applicant is to pay the respondent $3,000 pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is upheld. (4) Development Consent No. DA-393/2013 is modified in the term in Annexure A. (5) Development Consent No. DA-393/2013 as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders 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 (Building Sustainability Index) BASIX 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Jaimee Pty Ltd v Council of the City of Sydney [2010] NSWLEC 245 Texts Cited: Apartment Design Guide Canterbury-Bankstown Council, Community Participation Plan Category: Principal judgment Parties: KVP Industries Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: C Nehme (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)