Trevenar Pty Ltd v Canterbury Bankstown Council [2022] NSWLEC 1680

Land and Environment Court New South Wales

Medium Neutral Citation: Trevenar Pty Ltd v Canterbury Bankstown Council [2022] NSWLEC 1680 Hearing dates: 17, 18 and 19 August 2022 Date of orders: 07 December 2022 Decision date: 07 December 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is dismissed. (3) Exhibits 7, 9, 10, 12, 13, 15, F and G are returned and Exhibits 1, 2, 3, 4, 5, 6, 8, 11, 14, 16, A, B, C, D and E are retained. Catchwords: DEVELOPMENT APPEAL – Torrens title subdivision – flood planning and stormwater management – tragedy of the commons - orderly and economic use and development of land – public interest - orders Legislation Cited: Canterbury Local Environmental Plan 2012, cll 1.2, 2.6, 4.1, 4.4, 5.2, 5.10, 5.21, 6.1, 6.4 Conveyancing Act 1919, Pt 8 Sch 8 Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 State Environmental Plan (Hazards and Resilience) 2021, s 4.6 State Environmental Planning Policy (Infrastructure) 2021, s 2.119 Cases Cited: Amazonia Hotels Pty Limited v Council of the City of Sydney [2014] NSWLEC 1247 Ben-Menashe & Anor v Ku-ring-gai Municipal Council [2001] NSWLEC 168 Jonah Pty Limited v Pittwater Council [2006] NSWLEC 99 Parrot v Kiama [2004] NSWLEC 77 Texts Cited: Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Trevenar Pty Ltd ACN 650 180 895 (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: M Seymour (Applicant) A Jucha (Respondent)