NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Statewide Planning Pty Ltd ATF Statewide Planning Trust v Canterbury-Bankstown Council [2023] NSWLEC 1585 Hearing dates: Conciliation conference held on 29 September 2023 Date of orders: 6 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 Consent DA-255/2018 is modified by consent to Modification Application DA-255/2018/A, in the terms set out in Annexure A. (3) Development Consent DA-255/2018 is subject to the consolidated conditions as described in Annexure B. Catchwords: MODIFICATION APPLICATION – changes relating to an approved building – conciliation conference – agreement between the parties – orders Legislation Cited: Canterbury Local Environment Plan 2012 Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 4.55, 4,56, 8.9 Environmental Planning and Assessment Regulation 2021, ss 38, 98, 113 Land and Environment Court Act 1979, s 34 Texts Cited: Canterbury Development Control Plan 2012 Canterbury-Bankstown Community Participation Plan 2022 Category: Principal judgment Parties: Statewide Planning Pty Ltd ATF Statewide Planning Trust (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: M Norman (Solicitor) (Applicant) A Jucha (Respondent)
Solicitors: Mills Oakley (Applicant) Canterbury-Bankstown Council (Respondent) File Number(s): 2023/97010 Publication restriction: Nil
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