Parnell Strathfield Pty Ltd v Canterbury-Bankstown Council [2022] NSWLEC 1341

Land and Environment Court New South Wales

Medium Neutral Citation: Parnell Strathfield Pty Ltd v Canterbury-Bankstown Council [2022] NSWLEC 1341 Hearing dates: Conciliation conference on 28 June 2022 Date of orders: 4 July 2022 Decision date: 04 July 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent is granted to DA473/2021 for the demolition of existing structures, excavation of basements and the erection of a boarding house on the land described as Lots 1 and 2 DP 901237 known as 15 and 17 Fourth 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, 6.1, 6.2, 6.4, 6.6 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.46, 4.47, 8.7, 8.10 Environmental Planning and Assessment Regulation 2000, Sch 1, cll 3, 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 30, 30A State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Water Management Act 2000, s 90 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75 Arrage v Inner West Council [2019] NSWLEC 85 Feldkirchen Pty Ltd v Development Implementation Pty Ltd [2021] NSWLEC 116 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 SDHA Pty Ltd v Waverley Council (2015) 209 LGERA 233; [2015] NSWLEC 65 1643 Pittwater Road Pty Ltd v Pittwater Council [2004] NSWLEC 685 Texts Cited: NSW Department of Planning and Environment, Transport Corridor Outdoor Advertising and Signage Guidelines (November, 2017) Willoughby Development Control Plan 2006 Category: Principal judgment Parties: Parnell Strathfield Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) T Ward (Solicitor) (Respondent)