Karne Street Pty Ltd v Canterbury Bankstown Council [2022] NSWLEC 1607

Land and Environment Court New South Wales

Medium Neutral Citation: Karne Street Pty Ltd v Canterbury Bankstown Council [2022] NSWLEC 1607 Hearing dates: 28 October 2022 Date of orders: 03 November 2022 Decision date: 03 November 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application No. DA-69/2022 for development comprising the demolition of existing structures and construction of the two-storey dual occupancy with new fences and Torrens title subdivision at 105 Karne Street North is refused. (3) All exhibits are returned, except for Exhibits A and B. Catchwords: DEVELOPMENT APLPICATION: dual occupancy development in R3 medium density residential zone – contravention of minimum lot size for dual occupancies – contravention of minimum subdivision lot size for dual occupancies – desired future character Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s34AA Environmental Planning and Assessment Regulation 2000, cl 55 Canterbury Local Environmental Plan 2012, cll 4.1A, 4.1B, 4.3, 4.6 Cases Cited: Clearcut Homes Pty Ltd v City of Ryde Council [2020] NSWLEC 1249 Four2Five Pty Limited v Ashfield Council [2015] NSWCA 248 Texts Cited: Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Karne Street Pty Ltd (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)