Chidiac Holdings Pty Ltd v Canterbury-Bankstown Council [2023] NSWLEC 1636

Land and Environment Court New South Wales

Medium Neutral Citation: Chidiac Holdings Pty Ltd v Canterbury-Bankstown Council [2023] NSWLEC 1636 Hearing dates: Conciliation conference on 11 October 2023 Date of orders: 27 October 2023 Decision date: 27 October 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent DA-422/2018 is modified in the terms in Annexure A. (3) Development Consent DA-422/2018 as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION – modification to shop housing development – substantially the same – conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Canterbury Local Environmental Plan 2012, cll 4.3, 4.6 Environmental Planning and Assessment Act 1979, ss 8.9, 4.15, 4.55 Environmental Planning and Assessment Regulation 2021, s 29, 38, 113 Land Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, Pt 3, cll 29, 30 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Cases Cited: SDHA Pty Ltd v Waverley Council (2015) 209 LGERA 233; [2015] NSWLEC 65 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: Chidiac Holdings Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicant) P Lin (Respondent)