Costas v Canterbury Bankstown Council [2022] NSWLEC 1262

Land and Environment Court New South Wales

Medium Neutral Citation: Costas v Canterbury Bankstown Council [2022] NSWLEC 1262 Hearing dates: Conciliation conference held 28 March 2022, 26 April 2022 and 3 May 2022, final agreement filed 6 May 2022 Date of orders: 27 May 2022 Decision date: 27 May 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA-503/2018 and rely on the amended plans and documents listed at condition 1 of Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the agreed sum of $5,000. (3) The Applicant's written request, pursuant to clause 4.6 of the Canterbury Local Environmental Plan 2012 (CLEP), seeking to vary the development standard for height of buildings as set out at clause 4.3 of the CLEP, is upheld. (4) The appeal is upheld. (5) Consent is granted to Development Application DA-503/2018 (as amended) for the demolition of existing structures and construction of an eight-storey shop-top development comprising of 61 residential apartments, restaurants and a commercial tenancy above four levels of basement parking at 41 Broadarrow Road, Narwee, subject to the conditions of consent contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – shop-top housing development – cl 4.6 written request – height of buildings – agreement between the parties – orders Legislation Cited: Canterbury Local Environmental Plan 2012, cll 4.3, 4.6, 5.10, 6.1, 6.2, 6.4 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, cl 29 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 2.98 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2022) Category: Principal judgment Parties: Loulla Costas (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: G Shapiro (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)