Sioud v Canterbury-Bankstown Council [2023] NSWLEC 1171

Land and Environment Court New South Wales

Medium Neutral Citation: Sioud v Canterbury-Bankstown Council [2023] NSWLEC 1171 Hearing dates: 15-17 February 2023; 29 March 2023 Date of orders: 13 April 2023 Decision date: 13 April 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application no. DA-280/2021 for the demolition of existing structures and the construction of a four-storey mixed use development comprising a 30-room boarding house and ground floor commercial tenancy with basement parking at 68 Marion Street, Bankstown, subject to the conditions of consent in Annexure A. (3) The exhibits are returned except for A, B, C, D, E, F, G, H, J, K, L, 1, 2, 4, 6, 7, 9 and 11. Catchwords: APPEAL – development application – four-storey mixed use development comprising a boarding house and commercial tenancy with basement parking – whether the design of the development is compatible with the character of the local area – cl 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009 – whether the roof element is an "architectural roof feature" for the purposes of cl 5.6 of the Bankstown Local Environmental Plan 2015 (LEP) – variation of the building height standard under cl 4.6 of the LEP – waste management – parking Legislation Cited: Bankstown Local Environmental Plan 2015, cll 4.3, 4.6, 5.6 Environmental Planning and Assessment Act 1979, s 1.3 Environmental Planning and Assessment Regulation 2000, cl 64 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 8, 29, 30A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 Cases Cited: Catholic Healthcare Limited v Randwick City Council [2019] NSWLEC 99 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Texts Cited: Apartment Design Guide Bankstown Development Control Plan 2015 Bankstown Development Contributions Plan 2019 Bankstown Masterplan Planning Proposal Canterbury Bankstown Community Participation Plan Category: Principal judgment Parties: Charbel Sioud (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) G Farland (Respondent)