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. Orders 1. 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. ……………………… M Pullinger Acting Commissioner of the Court Annexure A (301836, pdf) ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 14 October 2021