Roselands Star Pty Ltd v Canterbury-Bankstown Council [2023] NSWLEC 1726

Land and Environment Court New South Wales

Medium Neutral Citation: Roselands Star Pty Ltd v Canterbury-Bankstown Council [2023] NSWLEC 1726 Hearing dates: Conciliation conference held on 24 November 2023 Date of orders: 01 December 2023 Decision date: 01 December 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA-500/2020, which seeks the demolition of existing structures, lot amalgamation of three lots into one lot, and construction of a five-storey shop-top housing development over two levels with basement car parking and landscaping on Lots 1 and 2 in Deposited Plan (DP) 511598, and Lot X in DP 418488, also known as 892-906 Canterbury Road, Roselands, is determined by the grant of consent, subject to the conditions in Annexure A. (3) The Applicant must pay the Respondent's costs thrown away, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed, in the amount of $6,000 (ex GST). Catchwords: DEVELOPMENT APPLICATION – shop top housing development – conciliation conference – agreement between the parties – orders Legislation Cited: Canterbury Local Environmental Plan 2012, cl 2.3 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.47, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development, cll 28, 30 Cases Cited: Canterbury Development Control Plan 2012 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, 2015 Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Roselands Star Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: I Alder (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)