MY & OY Pty Ltd v Canterbury-Bankstown Council [2022] NSWLEC 1721

Land and Environment Court New South Wales

Medium Neutral Citation: MY & OY Pty Ltd v Canterbury-Bankstown Council [2022] NSWLEC 1721 Hearing dates: Conciliation conference on 18 October 2022 Date of orders: 21 December 2022 Decision date: 21 December 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Applicant is to pay the Respondent's costs, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $3,000. (2) The Appeal is upheld. (3) Development Application No. DA-171/2022, as amended, for the demolition of the existing structures and construction of a two-storey multi-dwelling development containing three dwellings and associated works at 35 Gould Street, Campsie, NSW 2194 being Lot 174 on Deposited Plan 3846, is determined by the grant of Development Consent subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – multi-dwelling development – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.15, 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Canterbury Local Environmental Plan 2012, 6.1 Texts Cited: Canterbury Development Control Plan 2012 Category: Principal judgment Parties: MY & OY Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: V Conomos (Solicitor)(Applicant) M Bonanno (Solicitor)(Respondent)