Allam Capital Pty Ltd v Canterbury-Bankstown Council [2023] NSWLEC 1584

Land and Environment Court New South Wales

Medium Neutral Citation: Allam Capital Pty Ltd v Canterbury-Bankstown Council [2023] NSWLEC 1584 Hearing dates: Conciliation conference on 18 September 2023 Date of orders: 06 October 2023 Decision date: 06 October 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA-333/2023, which seeks demolition of existing structures and Torrens title subdivision of land into two lots on Lot 383B Deposited Plan 410227, known as 14 Graf Avenue, Yagoona, is determined by the grant of consent, subject to the conditions of consent contained at Annexure A. (3) The Applicant is to pay the Respondent's costs thrown away in the agreed amount of $2000 as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Bankstown Local Environmental Plan 2015, cll 2.3, 2.6, 2.7, 4.1 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Bankstown Development Control Plan 2015 Category: Principal judgment Parties: Allam Capital Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)