Comlin Holdings Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1407

Land and Environment Court New South Wales

Medium Neutral Citation: Comlin Holdings Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1407 Hearing dates: Conciliation conference on 1 July 2021 Date of orders: 20 July 2021 Decision date: 20 July 2021 Jurisdiction: Class 1 Before: Morris AC Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended plans set out in Condition 2 of the Conditions set out in Annexure A. (2) The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed in the amount of $3,000 payable within 28 days. (3) The appeal is upheld. (4) Development consent is granted to Development Application DA-405/2019 for the erection of a boarding house comprising 12 rooms including an on-site manager's room, basement car parking and associated landscaping and site works at 22 Bass Road, Earlwood, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – boarding house – conciliation conference – agreement between the parties – orders Legislation Cited: Canterbury Local Environmental Plan 2012 cll 4.3, 4.4, 6.1(2), 6.2(3), 6.3, 6.4 Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34AA State Environmental Planning Policy No 55 – Remediation of Land, cl 7(1) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6 State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 30A Texts Cited: Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' (April 2021) Category: Principal judgment Parties: Comlin Holdings Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: S Berveling (Applicant) M Bonanno (Solicitor) (Respondent)