Mackenzie Architects International Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1699

Land and Environment Court New South Wales

Medium Neutral Citation: Mackenzie Architects International Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1699 Hearing dates: Conciliation conference on 19 August, 16 September, 11 and 22 October 2021, final agreement filed 22 October 2021 Date of orders: 18 November 2021 Decision date: 18 November 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Pursuant to Section 8.15(3) of the EP&A Act, the Applicant is to pay the Respondent's costs that were thrown away because of amending the Development Application in the sum of $6,000.00. (2) The request, pursuant to clause 4.6 of the Bankstown Local Environment Plan 2015, to vary the development standard for height of buildings contained in clause 4.3, prepared by Chapman Planning Pty Ltd, dated 14 September 2021 is upheld. (3) The appeal is upheld. (4) Consent is granted to Development Application DA-1326/2015 for the demolition of all existing structures and the construction of a four storey shop top housing development comprising basement car parking, four ground floor retail/commercial premises and 32 residential units on the upper levels on land at 229 Tower Street, Panania, subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – cl 4.6 written request – agreement between the parties – orders Legislation Cited: Bankstown Local Environmental Plan 2015, cll 2.3, 2.7, 4.3, 4.6, 5.21, 6.1 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 50, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy No 55—Remediation of Land, cl 7 Texts Cited: Bankstown Development Control Plan 2015 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) NSW Apartment Design Guide Category: Principal judgment Parties: Mackenzie Architects International Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: K Potter (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)