Whitara Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWLEC 1477

Land and Environment Court New South Wales

Medium Neutral Citation: Whitara Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWLEC 1477 Hearing dates: 16 August 2021 Date of orders: 23 August 2021 Decision date: 23 August 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: 1. The appeal is upheld. 2. Consent is granted to Development Application No. 568/2020 for alterations and additions to an existing warehouse complex, including a series of self storage units on Lot 6 in Deposited Plan 1030800 known as 62 Belmore Road North, Riverwood NSW 2210. 3. The exhibits are retained. The Court notes that the parties have agreed that the Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. Catchwords: DEVELOPMENT APPLICATION – alteration and additions for self-storage warehouse – new self-storage units – contamination on discrete parts of the site – traffic sight lines – traffic flow – final orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.15 Environmental Planning and Assessment Regulations 2000, cl 121B Land and Environment Court Act 1979, s 39 Category: Consequential orders Parties: Whitara Pty Limited (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: A Perkins (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)

Solicitors: Project Lawyers Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) File Number(s): 2020/340877 Publication restriction: No