Maxcel Pty Ltd ATF Maxcel Trust v Canterbury Bankstown Council [2022] NSWLEC 1410

Land and Environment Court New South Wales

Medium Neutral Citation: Maxcel Pty Ltd ATF Maxcel Trust v Canterbury Bankstown Council [2022] NSWLEC 1410 Hearing dates: Conciliation conference held on 4 July 2022 Date of orders: 2 August 2022 Decision date: 02 August 2022 Jurisdiction: Class 1 Before: Morris AC Decision: The Orders of the Court are: (1) The applicant is granted leave to amend Development Application No. DA-709/2021 and rely upon the amended plans referred to at Condition 1 to Annexure "A", as well as the updated clause 4.6 variation. (2) The applicant is to pay the respondent's section 8.15(3) costs in the agreed amount of $3,000. (3) The appeal is upheld. (4) Consent is granted to Development Application DA-709/2021 for the demolition of existing structures and the construction of a two-storey attached dual occupancy with Torrens Title subdivision, at premises known as 32 Seidel Avenue, Picnic Point ("Site"), is approved subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – dual occupancy – subdivision – conciliation conference – agreement between the parties Legislation Cited: Bankstown Local Environmental Plan 2015, cll 4.1A, 4.3, 4.4, 4.6, 6.1, 6.2 Environmental Planning and Assessment Act 1979,ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 50 Land and Environment Court Act 1979, s 34 Texts Cited: Bankstown Development Control Plan 2015, cl 4.8 Category: Principal judgment Parties: Maxcel Pty Ltd ATF Maxcel Trust (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) M Bonano (Solicitor) (Respondent)