EVT Group Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1537

Land and Environment Court New South Wales

Medium Neutral Citation: EVT Group Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1537 Hearing dates: Conciliation conference on 26 June 2024, 30 July 2024 and 13 August 2024. Date of orders: 30 August 2024 Decision date: 30 August 2024 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA-63/2024 is granted for use of the existing service station for a drop-off collection point for the collection and storage of recycling items (bottles and cans) and associated office on Lot 100 Deposited Plan 1006154 known as 948-950 Canterbury Road, Roselands NSW 2196 subject to conditions in Annexure A. (3) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant will pay the Respondent the sum of $2,000.00 within 28 days. Catchwords: DEVELOPMENT CONSENT– use – drop-off and collection point – storage of recycling items - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.11 4.12, 4.15, 4.16, 4.17, 8.7, 8.11, 8.15 Land and Environment Court Act 1979, ss 17, 34, 39 Environmental Planning and Assessment Regulation 1979, ss 23, 38 Canterbury-Bankstown Local Environmental Plan 2023 ss 4.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 3.2 State Environmental Planning Policy (Transport and Infrastructure) 2021 Sch 3, ss 2.153, 2.122 Texts Cited: Community Participation Plan 2022 Category: Principal judgment Parties: EVT Group Pty Ltd ACN 651 956 188 (Applicant) Canterbury-Bankstown Council ABN 45 985 891 846 (Respondent) Representation: Counsel: T Poisel (Applicant) A Jucha (Respondent)