Massaad v Canterbury-Bankstown Council [2022] NSWLEC 1328

Land and Environment Court New South Wales

Medium Neutral Citation: Massaad v Canterbury-Bankstown Council [2022] NSWLEC 1328 Hearing dates: Conciliation conference on 21 June 2022 Date of orders: 28 June 2022 Decision date: 28 June 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $3,500. (2) The appeal is upheld. (3) Development Consent is granted to DA-745/2021 for demolition of existing structures and the erection of a 59 room boarding house on the land comprising all of the land contained within SP 32395 known as 5 to 7 Fifth Ave, Campsie subject to the conditions set out in Annexure A. Catchwords: APPEAL – development application – boarding house – conciliation conference – agreement reached – orders made Legislation Cited: Canterbury Local Environmental Plan 2012, cll 4.1C,4.3, 4.4 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7,8.10, 8.15 Environmental Planning and Assessment Regulation 2000, Sch 1, cll 49, 55 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 29, 30, 30A State Environmental Planning Policy (Housing) 2021, Sch 7A, cl 2 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Category: Principal judgment Parties: Fouad Massaad (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) M Cottom (Solicitor) (Respondent)