NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Nicholas v Canterbury-Bankstown Council [2021] NSWLEC 1400 Hearing dates: 7 and 8 April 2021 Date of orders: 13 July 2021 Decision date: 13 July 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: Directions – see [96]. Catchwords: DEVELOPMENT APPLICATION – mixed use development – written request to contravene height of building development standard – request upheld – whether adequate solar access provided to apartments – whether window plenums should be deleted – whether setbacks are acceptable Legislation Cited: Canterbury Local Environmental Plan 2013, cll 2.3, 4.3, 4.6 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7(1) Environmental Planning and Assessment Regulation 2000, cl 77 Land and Environment Court Act 1979, s 34 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Canterbury Development Control Plan 2013 Land and Environment Court of New South Wales COVID-19 Pandemic Arrangements Policy, 6 April 2021 Category: Principal judgment Parties: Andrew Nicholas (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: N Eastman (Applicant) M Bonanno (Solicitor) (Respondent)
Solicitors: Mills Oakley (Applicant) Canterbury-Bankstown Council (Respondent) File Number(s): 2020/182367 Publication restriction: No
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