JLS Developments Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1583

Land and Environment Court New South Wales

Medium Neutral Citation: JLS Developments Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1583 Hearing dates: Conciliation conference on 16 September 2021, final agreement filed 15 September 2021 Date of orders: 1 October 2021 Decision date: 01 October 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Pursuant to Section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the Development Application in a sum of $4,000, within 28 days of the making of orders disposing of these proceedings. (2) The appeal is upheld. (3) Consent is granted to Development Application No. 659/2020 for the demolition of all existing structures and the construction of a two-storey multi-dwelling development containing four dwellings with basement parking at 24 Claremont Street, Campsie, subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing – agreement between the parties – orders Legislation Cited: Canterbury Local Environmental Plan 2012, cll 4.3, 4.4, 4.6 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 55, 124 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Texts Cited: Canterbury Development Control Plan 2012 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Category: Principal judgment Parties: JLS Developments Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)