Chen v Canterbury-Bankstown Council [2021] NSWLEC 1644

Land and Environment Court New South Wales

Medium Neutral Citation: Chen v Canterbury-Bankstown Council [2021] NSWLEC 1644 Hearing dates: Conciliation conference on 29 September 2021 Date of orders: 27 October 2021 Decision date: 27 October 2021 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The applicant is to pay the respondent's costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $4,000.00. (2) The appeal is upheld. (3) Development Consent is granted to DA-1023/2019 for demolition of existing dwellings and construction of multi dwelling housing on the land at 179-181 Moorefields Road, Roselands NSW 2196 subject to the conditions set out in Annexure A. Catchwords: APPEAL – development application – multi dwelling housing – conciliation conference – agreement reached – orders made Legislation Cited: Canterbury Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 5.21 and 6.1 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.10, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Local Land Services Act 2013, s 60O State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Texts Cited: Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Zhenyu Chen (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: J Eun (Applicant) M Bonanno (Solicitor) (Respondent)