Danawe v Canterbury-Bankstown Council [2021] NSWLEC 1574

Land and Environment Court New South Wales

Medium Neutral Citation: Danawe v Canterbury-Bankstown Council [2021] NSWLEC 1574 Hearing dates: Conciliation conference on 21 September 2021 Date of orders: 8 October 2021 Decision date: 08 October 2021 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application Number DA 515/2018 for demolition of existing structures and construction of a three-storey boarding house containing 22 boarding rooms (including 1 manager's room) and one basement level containing carparking with 11 car spaces and 5 motorcycles spaces on Lot 16 in Deposited Plan 4357 otherwise known as 37 Claremont Street, Campsie is approved subject to the conditions in Annexure "A" to this agreement. (3) The Applicant is the pay the Council's costs thrown away as a result of the amended plans in the agreed sum of $2,000 pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – boarding house – agreement between the parties – orders Legislation Cited: Canterbury Local Environmental Plan 2012, cll 4.3, 4.4, 6.4, 6.6. Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 cl 30. State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No.55 – Remediation of Land Texts Cited: Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Malek Danawe (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: J Smith (Applicant) M Bonanno (Solicitor) (Respondent)