Antara Punchbowl Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1237

Land and Environment Court New South Wales

Medium Neutral Citation: Antara Punchbowl Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1237 Hearing dates: Conciliation Conferences on 12 February 2024, 8 and 20 March 2024 and 3 and 8 April 2024 Date of orders: 07 May 2024 Decision date: 07 May 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicants jointly and severally are to pay the costs of the Respondent consent authority that have been thrown away as a result of the amendment of the development application, in the amount of $5,000, such amount to be paid within 14 days of the date of this order. (2) The appeal is upheld. (3) The request pursuant to cl 4.6 of the Canterbury Local Environmental Plan 2012 to vary the development standard for height of buildings contained within cl 4.3 thereof, as prepared by Boston Blyth Fleming dated 15 March 2024, is upheld. (4) Development consent is granted to development application No. DA-476/2022 as amended, for the demolition of the existing site structures and the construction of a mixed-use development across 3 towers comprising a total of 58 residential apartments and 2 ground floor commercial tenancies, with basement carparking for 88 vehicles accessed via a right of way over 17 Weyland Street Punchbowl, for Lot 54 in Deposited Plan 12280 and Lot 2 in Deposited Plan 589284, known as 1570-1580 Canterbury Road and Lot 1 DP1211201 known as 17 Weyland Street Punchbowl NSW 2196, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – cl 4.6 variation – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Canterbury Local Environmental Plan 2012, cll 2.1, 2.2, 2.5, 2.7, 4.3, 4.6, 5.10, 6.1, 6.2, 6.4, and 6.6 Canterbury Bankstown Local Environmental Plan 2023, cl 1.8A Environmental Planning and Assessment Regulation 2021, ss 29 and 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Ch 11 (repealed) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Sustainable Buildings) 2022, ss 4.1 and 4.2(1)(a). State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Part 2.3, ss 2.118, 2.119, 2.120, 2.122 and 2.48 State Environmental Planning Policy No. 65 (Design Quality of Residential Apartment Development), cl 30(2) Texts Cited: Canterbury-Bankstown Community Participation Plan 2019 Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Antara Punchbowl Pty Ltd (First Applicant) Investworx Punchbowl Pty Ltd (Second Applicant) Moxon Projects Pty Ltd (Third Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicants) M Bonnano (Solicitor) (Respondent)