VL4 Pty Ltd v Canterbury-Bankstown Council [2022] NSWLEC 1717

Land and Environment Court New South Wales

Medium Neutral Citation: VL4 Pty Ltd v Canterbury-Bankstown Council [2022] NSWLEC 1717 Hearing dates: Conciliation conference on 28 November 2022 Date of orders: 20 December 2022 Decision date: 20 December 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Appeal is upheld. (2) Development Application No. 847/2021, as amended, for the demolition of all existing site structures and the erection of an eight (8) storey shop top housing development, over three (3) basement levels, at 64 & 66 Evaline Street, Campsie being Lots 2 and 3 DP 101315, is determined by the grant of Development Consent subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION –shop top housing – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, Sch 1 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development. State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 State Environmental Planning Policy (Infrastructure) 2007 cl 104 Canterbury Local Environmental Plan 2020, cll 6.1, 6.2 Texts Cited: NSW Department of Planning, Apartment Design Guide (July 2015) Category: Principal judgment Parties: VL4 Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)