Palms (Chullora) Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1561

Land and Environment Court New South Wales

Medium Neutral Citation: Palms (Chullora) Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1561 Hearing dates: Conciliation conference on 3 July, 5 August, 13 August 2024 Date of orders: 12 September 2024 Decision date: 12 September 2024 Jurisdiction: Class 1 Before: Washington C 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 $15,000. (2) The Applicant's written request, prepared by Urbis dated September 2023, made pursuant to cl 4.6 of the Canterbury-Bankstown Local Environmental Plan 2023 to vary the height development standard in cl 4.3 of the Canterbury-Bankstown Local Environmental Plan 2023, is upheld. (3) The appeal is upheld. (4) Development Application No DA-1196/2023, as amended, for the staged demolition, construction and operation of a pub, hotel, mixed-use building, and residential flat buildings at 167-183 Hume Highway, Greenacre, is determined by the grant of consent subject to the conditions at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – construction of a pub, hotel, mixed-use building and residential flay building – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 38 Canterbury-Bankstown Local Environmental Plan 2015, cll, 4.3, 4.4, 4.6, 5.1, 5.10, 5.21, 6.2, 6.3, 6.9, 6.15, 6.32, Sch 1 cl 28 State Environmental Planning Policy (Housing) 2021, ss 144, 145, 147, Sch 7A s 8(2A), Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy 2004 (Building and Sustainability Index: BASIX) State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120, 2.122 State Environmental Planning Policy (Industry and Employment) 2021, s 3.6, Sch 5 Texts Cited: Canterbury Bankstown Community Participation Plan 2019 Canterbury-Bankstown Development Control Plan 2023 Category: Principal judgment Parties: Palms (Chullora) Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: A Whealy (Solicitor)(Applicant) M Bonanno (Solicitor)(Respondent)