Butterworth v Canterbury-Bankstown Council [2023] NSWLEC 1453

Land and Environment Court New South Wales

Medium Neutral Citation: Butterworth v Canterbury-Bankstown Council [2023] NSWLEC 1453 Hearing dates: Conciliation Conference 21 and 22 June 2023 Date of orders: 16 August 2023 Decision date: 16 August 2023 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) Appeal is allowed. (2) Development application No DA-112/2022 for the demolition of existing structures and the construction of a new dwelling house with a basement level and swimming pool at 4 Faye Avenue, Earlwood NSW 2206, known as Lot 1 DP 232761, is approved, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures - construction new dwelling and in-ground swimming pool - conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Canterbury Local Environmental Plan 2012, cll 4.3, 4.4, 6.2 Environmental Planning and Assessment Regulation 2021, s 37 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Bankstown Local Environmental Plan 2015 Category: Principal judgment Parties: Emma Butterworth (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: Mr R Coffey (Applicant) Mr A Jucha (Respondent)