Mitribe Holdings Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1381

Land and Environment Court New South Wales

Medium Neutral Citation: Mitribe Holdings Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1381 Hearing dates: 16 and 19 April 2021; final submissions on 21 May 2021 Date of orders: 8 July 2021 Decision date: 08 July 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The applicant is granted leave to rely on the amended plans as referenced at Condition 2 of Annexure A. (2) In accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent that have been thrown away as a result of the amendment of the application, as agreed or assessed. (3) The written request seeking to justify the contravention of the height of buildings development standard at cl 4.3 of Canterbury Local Environmental Plan 2012, prepared by ABC Planning and dated April 2021 is upheld. (4) The appeal is upheld. (5) Development application No. 401/2020 for a mixed use development at 36 Floss Street and 118 Duntroon Street, Hurlstone Park is approved subject to the conditions included at Annexure A. (6) The exhibits are returned with the exception of 1, A, B and J. Catchwords: DEVELOPMENT APPLICATION – boarding house – heritage conservation impact - character compatibility – amenity – whether not in the public interest Legislation Cited: Canterbury Local Environmental Plan 2012, cll 2.3, 4.3, 4.6, 5.10 Environmental Planning and Assessment Act 1979, s 8.15 State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 30A State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 45; [2009] NSWLEC 153 Groeneveld v Wollongong City Council (2009) 168 LGERA 260; [2009] NSWLEC 149 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Initial Action Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1097 Nerringillah Community Association Inc v Laundry Number Pty Ltd [2018] NSWLEC 157 New Century Developments Pty Limited v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Rebel MH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guideline Canterbury Development Control Plan 2012 Land and Environment Court of NSW, 'Conference of Expert Witnesses Policy' Category: Principal judgment Parties: Mitribe Holdings Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: J Reid (Applicant) G Farland (Respondent)