Phenix Property Group Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1037

Land and Environment Court New South Wales

Medium Neutral Citation: Phenix Property Group Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1037 Hearing dates: Conciliation conference on 19 January 2024 Date of orders: 06 February 2024 Decision date: 06 February 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away by the amendment of the development application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $6,000 within 28 days. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. 496/2022, as amended during Land and Environment Court Proceedings No. 2023/50343, for alterations and additions to the approved mixed-use development, including an increase in floor levels, adjustments to common circulation and adjustments to the ensuite area at 388-394 Canterbury Road, Canterbury and 1 Allen Street, Canterbury, being Lot 1 in DP 124364, Lot 1 in DP 325386, Lots B and C in DP 342255 and Lots A and B in DP 384563, subject to conditions annexed hereto and marked 'Annexure A'. Catchwords: DEVELOPMENT APPLICATION – mixed use development – development application seeks consent for alterations and additions to the approved mixed-use development – conciliation conference – agreement between the parties – orders made. Legislation Cited: Canterbury Local Environmental Plan 2012, cll 4.3, 4.6, 6.2, 6.4 Canterbury Local Environmental Plan 2023, cl 1.8A Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 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, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development 2002, cll 28, 30 Texts Cited: Canterbury Development Control Plan 2012 NSW Department of Planning and Environment, Apartment Design Guide, 2015 Australian Building Codes Board, National Construction Code 2022, 2022 Category: Principal judgment Parties: Phenix Property Group Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: S Siv (Solicitor) (Applicant) M Bonnano (Solicitor) (Respondent)