Dib v Canterbury-Bankstown Council (No 2) [2021] NSWLEC 1591

Land and Environment Court New South Wales

Medium Neutral Citation: Dib v Canterbury-Bankstown Council (No 2) [2021] NSWLEC 1591 Hearing dates: 8-9 July 2021 Date of orders: 14 October 2021 Decision date: 14 October 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders: (1) The Appeal is upheld. (2) Consent is granted to Development Application DA-845/2020, as amended, for the demolition of existing structures and construction of a 20 room boarding house with basement parking at 82 and 84 Lancaster Avenue, Punchbowl, subject to conditions set out in Annexure A. (3) The exhibits are returned, except for A, 1 and 2. Catchwords: DEVELOPMENT APPLICATION – boarding house – whether number of rooms a development standard – cl 4.6 written request – local character – cl 4.6 written request – orders Legislation Cited: Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 39 Cases Cited: Dib v Canterbury-Bankstown Council [2021] NSWLEC 1553 Category: Principal judgment Parties: William Dib (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: A Pickles (Applicant) S Berveling (Respondent)

Solicitors: Conomos Legal (Applicant) Canterbury Bankstown Council (Respondent) File Number(s): 2021/19872 Publication restriction: No

Judgment 1. COMMISSIONER: On 22 September 2021, I handed down my reasons in the Class 1 appeal Dib v Canterbury-Bankstown Council [2021] NSWLEC 1553 (the principal judgment) and indicated that upon satisfaction of certain directions, I would give consideration to the making of final orders. 2. In the Principal Judgment, the Applicant was directed to prepare final architectural drawings, based on the Revision E plans tendered as Exhibit K, but further amended to reflect the reasons set out in the principal judgment. 3. Similarly, the Respondent was directed to prepare a corresponding set of conditions of consent to reflect the reasons set out in the principal judgment. 4. The amended drawings were filed by the Applicant on 7 October 2021. 5. The conditions of consent were filed by the Respondent on 29 September 2021. 6. I am satisfied that the amended plans and conditions of consent accord with the principal judgment, and I now make the following orders and thereby dispose of the matter. 7. Accordingly, the Court notes: 1. The Court, under s 39(2) of the Land and Environment Court Act 1979, exercising the function of Canterbury-Bankstown Council as the relevant consent authority, and pursuant to cl 55 of the Environmental Planning and Assessment Regulation 2000, agrees to the Applicant amending Development Application DA-845/2020 to reflect the architectural plans filed with the Court on 7 October 2021. 2. The Applicant has uploaded the amended Development Application to the NSW Planning Portal on 30 September 2021.