KAR Group Australia Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1061

Land and Environment Court New South Wales

Medium Neutral Citation: KAR Group Australia Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1061 Hearing dates: Conciliation Conference on 27 November and 20 December 2023 Date of orders: 20 February 2024 Decision date: 20 February 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments made to the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA-25/2023, as amended, for the demolition of existing buildings and the construction of a three-storey commercial building consisting of a gym and eight office spaces over three levels of basement carparking for 84 vehicles, landscaping and stormwater works on land legally described as Lot 2 Section 5 in DP192509, and known as 324 Hume Highway, Bankstown NSW 2200, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – construction of commercial building with basement parking and gym – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.47, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Roads Act 1993, ss 47, 138 Bankstown Local Environmental Plan 2015, cll 2.2, 2.3, 2.7, 4.3, 4.4, Dictionary Canterbury-Bankstown Local Environmental Plan 2023, cl 1.8A Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Category: Principal judgment Parties: KAR Group Australia Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)