Metrocorp Developments and Construction Pty Limited v Canterbury-Bankstown Council [2023] NSWLEC 1427

Land and Environment Court New South Wales

Medium Neutral Citation: Metrocorp Developments and Construction Pty Limited v Canterbury-Bankstown Council [2023] NSWLEC 1427 Hearing dates: Conciliation conference on 2 August 2023 Date of orders: 02 August 2023 Decision date: 02 August 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The application is approved. (2) Development consent no. DA256/2016 is modified in the terms at Annexure A. (3) Development consent no. DA256/2016 as modified by the Court is at Annexure B. (4) The exhibits are retained. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Canterbury Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1 Environmental Planning and Assessment Act 1979, ss 4.15, 4.53, 4.55 Environmental Planning and Assessment Regulation 2021 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design and Quality of Residential Apartment Development Cases Cited: Gee N Gee Pty Limited v Canterbury-Bankstown Council [2017] NSWLEC 1432 Texts Cited: Building Code of Australia Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Metrocorp Developments and Construction Pty Limited (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: A Hemmings (Applicant) G Farland (Respondent)