Chrysoglou v Canterbury Bankstown Council [2022] NSWLEC 1655

Land and Environment Court New South Wales

Medium Neutral Citation: Chrysoglou v Canterbury Bankstown Council [2022] NSWLEC 1655 Hearing dates: Conciliation Conference 16, 17 November 2022 Date of orders: 29 November 2022 Decision date: 29 November 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA757/2021 (as amended) for the demolition of existing structures and construction of a two storey dwelling with one level of basement and installation of a pool at 81A Bayview Avenue, Earlwood subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – new dwelling – basement carparking – breach of the minimum lot size control - amended plans and documents – agreement between the parties – orders made. Legislation Cited: Canterbury Local Environmental Plan 2015 cll 4.1A, 4.6, 6.2 Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; NSWLEC 827 Texts Cited: Canterbury Bankstown Community Participation Plan Amended October 2022 Category: Principal judgment Parties: Alex Chrysoglou (Applicant) Canterbury – Bankstown Council (Respondent) Representation: Counsel: C Gough, (Solicitor) (Applicant) M Bonnano, (Solicitor) (Respondent)