Chen v Canterbury-Bankstown Council [2024] NSWLEC 1154

Land and Environment Court New South Wales

Medium Neutral Citation: Chen v Canterbury-Bankstown Council [2024] NSWLEC 1154 Hearing dates: Conciliation conference on 21 and 29 November 2023; 15 December 2023; 31 January 2024; 14, 21 and 28 February 2024; 6, 13, 20 and 28 March 2024 Date of orders: 04 April 2024 Decision date: 04 April 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (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 $8,000 payable within 28 days of this order. (2) The appeal is upheld. (3) Development consent is granted to DA-1081/2022 for the demolition of existing site structures on 2 Martin Street, Roselands and construction of a multi-dwelling housing development comprising of 4 dwellings include boundary adjustments to amalgamate 2 Martin Street, Roselands with 4-6 Martin Street, Roselands, subject to conditions annexed hereto and marked 'Annexure A'. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Canterbury Local Environmental Plan 2012, cll 2.3, 2.7, 4.3, 4.4, 5.21, 6.1, 6.2, 6.4, 6.5 Canterbury-Bankstown Local Environmental Plan 2023, cl 1.8A Environmental Planning and Assessment Act 1979, s 4.15 Environmental Planning and Assessment Regulation 2021, ss 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6 State Environmental Planning Policy (Housing) 2021, ss 16, 17, 18, 19, 21, 22; Pt 2, Div 1; Sch 7A, s 8 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 Amendment (Housing) 2023 Category: Principal judgment Parties: Andrew Chen (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)