Clutch Bananas No. 1 Pty Ltd v Canterbury-Bankstown Council [2023] NSWLEC 1429

Land and Environment Court New South Wales

Medium Neutral Citation: Clutch Bananas No. 1 Pty Ltd v Canterbury-Bankstown Council [2023] NSWLEC 1429 Hearing dates: Conciliation conference on 27 April 2023 Date of orders: 8 August 2023 Decision date: 08 August 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The Applicant is to pay the Respondent's costs thrown away by reason of the amendment of Development Application DA-691/2022 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $3,000 within 28 days. (2) The appeal is upheld. (3) Development Application DA-691/2022, as amended, for a three-storey mixed use development including a child care centre and commercial premises above multi-level basement parking at 196-198 Haldon Street, Lakemba, is determined by the grant of consent subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – mixed use development including a child care centre and commercial premises – conciliation conference – agreement between the parties – orders Legislation Cited: Canterbury Local Environmental Plan 2012, cll 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.4, 6.6 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.23, 3.26 Texts Cited: Canterbury-Bankstown Council, Community Participation Plan, 2019 Department of Planning, Industry and Environment, Child Care Planning Guideline, 2021 Category: Principal judgment Parties: Clutch Bananas No. 1 Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)