Dunlop Chidiac Pty Ltd v Canterbury-Bankstown Council [2022] NSWLEC 1188

Land and Environment Court New South Wales

Medium Neutral Citation: Dunlop Chidiac Pty Ltd v Canterbury-Bankstown Council [2022] NSWLEC 1188 Hearing dates: Conciliation conference on 11 February 2022 Date of orders: 8 April 2022 Decision date: 08 April 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant is to pay the respondent's costs thrown in the amount of $3,500 pursuant to s.8.15(3) of the Environmental Planning and Assessment Act 1979 within 28 days of these orders (2) The written request pursuant to clause 4.6 of the Canterbury Local Environmental Plan 2012 to vary the development standard in clause 4.3, height of buildings, is upheld; (3) The appeal is upheld; (4) Development consent is granted for development application no. DA/698/2021, for the demolition of the existing dwellings; construction of a four (4) storey 27 unit 'residential flat building under the provisions of the Affordable Rental Housing SEPP including basement parking for 33 vehicles and ancillary structures at 13-15 Nicholas Avenue, Campsie, subject to the conditions contained at Annexure A. Catchwords: APPEAL – development application – residential flat building containing affordable housing units – conciliation conference – agreement reached – orders made Legislation Cited: Canterbury Local Environment Plan 2012, cll 4.3, 4.6 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 50, 55, Sch 1 Environmental Planning and Assessment Regulation 2021, Sch 6 cl 3 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 13, 14, 16A, State Environmental Planning Policy (Housing) 2021, Sch 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 30 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: Dunlop Chidiac Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: A Boskovitz (Applicant) M Bonanno (Respondent)