Kazcorp Holdings (Canterbury) Pty Ltd v Canterbury-Bankstown Council [2023] NSWLEC 1057

Land and Environment Court New South Wales

Medium Neutral Citation: Kazcorp Holdings (Canterbury) Pty Ltd v Canterbury-Bankstown Council [2023] NSWLEC 1057 Hearing dates: Conciliation Conference 3 and 6 February 2023 Date of orders: 10 February 2023 Decision date: 10 February 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as agreed or assessed as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) (the Act). (2) The appeal is upheld. (3) Development consent is granted to development consent DA-970/2021 for the construction of new lightweight roof over existing outdoor play area of an approved child care centre on the ground floor at No. G0 1 / 364 Canterbury Road, Canterbury NSW 2193 subject to the conditions of consent contained at Annexure A. Catchwords: DEVELOPMENT APPEAL – child care centre – construction of new acoustic roof structure over outdoor play area - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979, s 34 Canterbury-Bankstown Local Environmental Plan 2012, cll 4.3, 4.4, 6.1, 6.2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Canterbury Bankstown Community Participation Plan, 2019 Category: Principal judgment Parties: Kazcorp Holdings (Canterbury) Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: J Reid (Applicant) M Bonanno (Solicitor)(Respondent)