Bhuiyan v Canterbury-Bankstown Council [2021] NSWLEC 1622

Land and Environment Court New South Wales

Medium Neutral Citation: Bhuiyan v Canterbury-Bankstown Council [2021] NSWLEC 1622 Hearing dates: 27 and 28 May 2021 Date of orders: 20 October 2021 Decision date: 20 October 2021 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders that: (1) The Court, exercising under s 39(2) of the Land and Environment Court Act 1979 the function of Canterbury Bankstown Council as the relevant consent authority under cl 55(1) of the Environmental Planning and Assessment Regulation 2000, agrees to the applicant amending the development application No. 454/2018 filed with the Court on 6 March 2020 by the addition of the following documents: See Table at Attachment 1 (2) The respondent, Canterbury Bankstown Council, as the relevant consent authority, is to lodge the amendment of the development application on the NSW planning portal within 7 days of the date of this order and notify the applicant after it has been lodged. (3) The applicant is to file a copy of the amended development application within 7 days after the respondent has notified the applicant that the amendment has been lodged on the NSW planning portal. (4) In the event the respondent is unable to lodge the amended application on the NSW planning portal as directed in (2) above, the respondent is to notify the Court via Online Court as soon as possible but no later than 14 days after the date of the order and request for the matter to be relisted for further directions. Catchwords: DEVELOPMENT APPLICATION – boarding house – affordable rental housing – character of local area – DCP landscaping and building envelope controls Legislation Cited: Bankstown Local Environmental Plan 2015 Canterbury Local Environmental Plan 2012, cll 1.2, 2.3, 4.1C, 4.3, 4.4, 4.6, 6.2, 6.4, 6.6 Environmental Planning and Assessment Act 1979 ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 3, 29, 30A, 30 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55— Remediation of Land cl 7 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: Lonergan v Ashfield Municipal Council [2011] NSWLEC 1378 Project Venture Developments Pty Ltd v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 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: Rashid Bhuiyan (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)