Kadi v Canterbury-Bankstown Council [2022] NSWLEC 1218

Land and Environment Court New South Wales

Medium Neutral Citation: Kadi v Canterbury-Bankstown Council [2022] NSWLEC 1218 Hearing dates: Conciliation conference on 21 April 2022 Date of orders: 03 May 2022 Decision date: 03 May 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld; (2) The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed of amount $5,500 within 28 days of the making of these orders; (3) Amended Development Application DA216/2021 seeking demolition of existing structures and construction of a residential flat building comprising two three storey buildings with combined carparking and communal open space areas at Lot E DP 7497, known as 82 Riverview Road, Earlwood is granted consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential apartment development in R4 High Density Residential zone – conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Canterbury Local Environmental Plan 2012, cll 4.3, 4.4, 6.1, 6.2, Environmental Planning and Assessment Act 1979, ss 8.15, 8.7 Environmental Planning and Assessment Regulation 2000, cll 3, 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, cll 28, 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: Jack Kadi (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)