TN Revesby Pty Ltd ATF Revesby Unit Trust v Canterbury-Bankstown Council [2022] NSWLEC 1013

Land and Environment Court New South Wales

Medium Neutral Citation: TN Revesby Pty Ltd ATF Revesby Unit Trust v Canterbury-Bankstown Council [2022] NSWLEC 1013 Hearing dates: Conciliation conference on 5 and 22 November, and 15 December 2021 Date of orders: 14 January 2022 Decision date: 14 January 2022 Jurisdiction: Class 1 Before: Adam AC Decision: The Court orders that: 1) The Applicant is to pay the costs of the Council that have been thrown away pursuant to section 8.15 (3) of the Environmental Planning and Assessment Act (1979) NSW as agreed or assessed. 2) The Appeal is upheld. 3) Development application DA-226/2021 for the construction of a new industrial development constituting industrial units, self storage units, hardware and building supply units and associated car parking at Lot 91 DP 714957 and Lot 10 DP 209901 also known as 128 Milperra Rd Revesby 2212 is approved subject to the conditions set out in Annexure 'A'. Catchwords: APPEAL – refusal of development content - industrial development- conciliation conference-agreement between parties- orders Legislation Cited: Bankstown Local Environmental Plan 2015, cll 2.3, 2.7, 4.4, 5.21, 6.1, 6.2, 6.6 Biodiversity Conservation Act 2016, ss 7.2, 7.3, 7.7 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Roads Act 1983, s138 State Environmental Planning Policy No 19—Bushland in Urban Areas, cl 4 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 64—Advertising and Signage State Environmental Planning Policy (Infrastructure) 2007, cll 102,104, Sch 3 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, cl 9 Texts Cited: Bankstown Development Control Plan 2015 Draft Canterbury Bankstown Consolidated Local Environmental Plan 2020 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy April 2021 Category: Principal judgment Parties: TN Revesby Pty Ltd ATF Revesby Unit Trust (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: M Staunton (Applicant) M Bonanno (Solicitor) (Respondent)