Urban Link Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1264

Land and Environment Court New South Wales

Medium Neutral Citation: Urban Link Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1264 Hearing dates: Conciliation conference held on 1 and 22 February, 22 and 28 March, and 10 and 17 April 2024 Date of orders: 21 May 2024 Decision date: 21 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 Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the development application, in the agreed amount of $3,000, such amount to be paid within 21 days of the date of this order. (2) The appeal is upheld. (3) The request pursuant to cl 4.6 of the Bankstown Local Environmental Plan 2015 to vary the development standard for height of buildings contained within cl 4.3 thereof, as prepared by Planning Ingenuity dated 26 February 2024, is upheld. (4) Development consent is granted to development application No DA-822/2021 as amended, for the demolition of existing structures and the construction of a 3-4 storey residential flat building containing 35 residential apartments, including 19 apartments for affordable rental housing, with basement level car parking, on Lots 2 and 3, DP 22196, known as 29 & 31 Waldron Road, Sefton, NSW, 2162, 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, 4.17, 4.46, 8.7, 8.15, Sch 1, Div 1, s 7 Land and Environment Court Act 1979, s 34 Bankstown Local Environmental Plan 2015, cll 1.8A, 2.2, 2.3, 2.7, 4.3, 4.4, 4.6, 6.1, 6.2, 6.4 Environmental Planning and Assessment Regulation 2021, ss 29, 38 State Environmental Planning Policy (Affordable Rental Housing) 2009, ss 13, 14 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Ch 11 ss 11.5, 11.6, 11.7, 11.8 (repealed) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Sch 7A, s 2 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, ss 4.1, 4.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.100 State Environmental Planning Policy No 65 —Design Quality of Residential Apartment Development, cl 30 Texts Cited: Bankstown Development Control Plan 2015 Canterbury-Bankstown Community Participation Plan 2019 NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: Urban Link Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)