Level 1 Construction Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1405

Land and Environment Court New South Wales

Medium Neutral Citation: Level 1 Construction Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1405 Hearing dates: 28-29 June 2021 Date of orders: 23 July 2021 Decision date: 23 July 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted to the applicant to amend the development application to rely on the consolidated set of architectural plans dated June 2021 contained in Ex E. (2) The appeal is upheld. (3) Development consent is granted for the demolition of existing structures and the construction of a mixed use development comprising a multi dwelling housing development with 9 dwellings and a neighbourhood shop, at 29-31 Helen Street, Sefton, subject to the conditions in Annexure A. (4) The exhibits are returned, except for Exhibits A, C, D and E. Catchwords: APPEAL – development application – in fill affordable housing under the SEPP – whether proposed development can be characterised as multi dwelling housing – the application of the Low Rise Housing Diversity Design Guide – compatibility with the character of the local area – setbacks – adequacy of private open space – solar access – density – visual privacy – amenity for future residents and neighbours Legislation Cited: Bankstown Local Environmental Plan 2015 cll 1.4, 4.1B Environmental Planning and Assessment Act 1979 s 8.7 Environmental Planning and Assessment Regulation 2000 Sch 1 State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 4, 10, 13, 14, 15, 16A State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 cl 1.5 State Environmental Planning Policy No 55 – Remediation of Land cl 7 Cases Cited: Blackmore Design Group Pty Limited v Manly Council [2014] NSWLEC 164 Hrsto v Canterbury City Council (No 2) (2014) 204 LGERA 148; [2014] NSWLEC 121 Mount Annan 88 Pty Ltd v Camden Council [2016] NSWLEC 1072 Project Venture Developments Pty Ltd v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Bankstown Development Control Plan 2015 Low Rise Housing Diversity Design Guide Canterbury-Bankstown Council Waste Management Guide for New Developments Category: Principal judgment Parties: Level 1 Construction Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: T To (Applicant) M Bonanno (Solicitor) (Respondent)