Donnellan/Watson Family SMSF Pty Ltd (ACN 632 075 024) atf Donnellan/Watson Family Superannuation Fund v Canterbury-Bankstown Council [2024] NSWLEC 1522

Land and Environment Court New South Wales

Medium Neutral Citation: Donnellan/Watson Family SMSF Pty Ltd (ACN 632 075 024) atf Donnellan/Watson Family Superannuation Fund v Canterbury-Bankstown Council [2024] NSWLEC 1522 Hearing dates: Conciliation conference on 31 July and 1 August 2024 Date of orders: 27 August 2024 Decision date: 27 August 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant's written request, pursuant to clause 4.6 of the Canterbury-Bankstown Local Environmental Plan 2023 (CBLEP), seeking to vary the development standard for height of buildings as set out at clause 4.3 of the CBLEP, is upheld. (2) The appeal is upheld. (3) Development Application DA907/2023 for demolition of the existing site structures, construction of a residential flat building comprising 42 apartments, basement parking for 58 vehicles, 13 bicycles and 2 motor bikes together with strata subdivision at 44-46 Wellington Road Chester Hill NSW 2162 being Lot 100 in Deposited Plan 1283293 is determined by the grant of consent subject to conditions contained in Annexure A. (4) The Applicant is to pay the Respondent's costs thrown away as a result of the Amended Application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. Catchwords: DEVELOPMENT APPEAL – residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.14, 8.15 Land and Environment Court Act 1979, ss 34, 39 Canterbury-Bankstown Local Environmental Plan 2023, cll 2.6, 2.7, 4.1B, 4.3, 4.4, 4.6, 6.3, 6.15, 6.9 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, cl 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.99, 2.100 State Environmental Planning Policy (Housing) 2021, Sch 7A, Ch 4, ss 8, 147 Texts Cited: Canterbury-Bankstown Community Participation Plan 2022 NSW Planning and Environment, Apartment Design Guide 2015 Category: Principal judgment Parties: Donnellan/Watson Family SMSF Pty Ltd (ACN 632075024) atf Donnellan/Watson Family Superannuation Fund (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: M Staunton (Applicant) T To (Respondent)