Dollar Investments 888 Pty Ltd v Canterbury Bankstown Council [2023] NSWLEC 1374

Land and Environment Court New South Wales

Medium Neutral Citation: Dollar Investments 888 Pty Ltd v Canterbury Bankstown Council [2023] NSWLEC 1374 Hearing dates: Conciliation conference on 20 April,9 May and 19 May 2023 Date of orders: 18 July 2023 Decision date: 18 July 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) Leave is granted to the Applicant to rely on the amended documentation listed in paragraph [12(1)] of this judgment. (2) The appeal is upheld. (3) Development Application No. DA 721/2022 for demolition of existing structures, removal of seven trees, construction of a two-storey centre based childcare for 80 children and one level of basement parking for 14 cars at 33 Grove Avenue, Narwee being lot 21 in deposited plan 575463, is determined by a grant of consent, subject to conditions contained in Annexure A. (4) The Applicant is to pay the Council's costs thrown away as a result of the amended plans pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $3,000 within 30 days of the date of these orders. Catchwords: DEVELOPMENT APPLICATION ––child care centre - conciliation conference – agreement between the parties – orders Legislation Cited: Canterbury Local Environmental Plan 2012, cll 2.7, 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.4, 6.6 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, s 3.23 Texts Cited: Department of Planning, Industry and Environment Childcare Planning Guideline 2021 Category: Principal judgment Parties: Dollar Investments 888 Pty Ltd (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: J Reid (Applicant) M Bonnano (Solicitor) (Respondent)