As Built Group Pty Ltd v Canterbury Bankstown Council [2023] NSWLEC 1302

Land and Environment Court New South Wales

Medium Neutral Citation: As Built Group Pty Ltd v Canterbury Bankstown Council [2023] NSWLEC 1302 Hearing dates: Conciliation conference on 22 March 2023 and 14 April 2023 Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders: (1) The Council agrees to the Applicant amending Development Application No. DA-483/2022, pursuant to section 37 of the Environmental Planning and Assessment Regulation 2021, in accordance with the amended plans and documents described in paragraph [12] of the judgment. (2) The Applicant is to pay the Council's costs thrown away under section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed in the sum of $5,000.00 within 28 days from the date of the final orders. (3) The appeal is upheld. (4) Development consent is granted to Development Application No. DA-483/2022, as amended, for the demolition of existing structures, construction of two new dwellings including two pools, associated landscaping and boundary adjustments to existing subdivision on land legally described as Lot C in DP 177562 and Lot 1 in DP 301581, also known as 23 Macquarie Road, Earlwood, NSW, 2206, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – new dwelling houses – overlooking - conciliation conference – agreement between the parties – orders Legislation Cited: Canterbury Local Environmental Plan 2012, cll 2.3, 2.6, 2.7, 4.1, 4.3, 4.4, 6.1 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, s 37 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 Texts Cited: Canterbury Bankstown Council Community Participation Plan, October 2022 Category: Principal judgment Parties: As Built Group Pty Ltd (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)