Campsie Ninth Avenue Development Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1625

Land and Environment Court New South Wales

Medium Neutral Citation: Campsie Ninth Avenue Development Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1625 Hearing dates: Conciliation conference on 24 June 2021 Date of orders: 20 October 2021 Decision date: 20 October 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court Orders that: (1) The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $3,000.00 within 28 days of the date of this Order in full and final satisfaction of all the cost orders made in these proceedings. (2) The appeal is upheld. (3) Development consent is granted to Development Application No DA 1109/2019 for the demolition of existing dwelling and construction of a six (6) storey mixed development comprising 16 room boarding house (including one manager's room), and one commercial premises on ground floor above two (2) levels of basement car parking on the land known as Lot 1 in DP 326935, 26 Ninth Avenue, Campsie NSW, subject to the conditions of consent contained at Annexure "A". Catchwords: APPEAL – development application – mixed use development – conciliation conference – agreement reached Legislation Cited: Canterbury Local Environmental Plan 2012 cll 4.3, 4.4 Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55, Sch 1 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 29, 30, 30A State Environmental Planning Policy No 55—Remediation of Land cl 7 Category: Principal judgment Parties: Campsie Ninth Avenue Development Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)