Ace Chester Hill Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1657

Land and Environment Court New South Wales

Medium Neutral Citation: Ace Chester Hill Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1657 Hearing dates: Conciliation conference 27 September 2024 Date of orders: 17 October 2024 Decision date: 17 October 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments made in accordance with s8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed the sum of $7,500 within 28 days of the date of the judgment. (3) Development Application DA-52/2022 for the demolition of the existing structures and construction of a four-storey residential flat building, with basement and ground floor level car parking at 30-32 Wellington Road, Chester Hill is approved, subject to the conditions of consent annexed hereto and marked "Annexure A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Bankstown Local Environmental Plan 2015, cll 2.1, 2.3, 2.7, 4.3, 4.6, 5.21, 6.2 Canterbury Bankstown Local Environmental Plan 2023, cl 1.8A Environmental Planning and Assessment Amendment (Residential Apartment Development) Regulation 2015 Environmental Planning and Assessment Regulation 2000, cll 50, 55 State Environmental Planning Policy (Housing) 2021, Ch 4, Sch 9, ss 145, 147 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development 2002 State Environmental Planning Policy (Resilience and Hazards) 2021 (Resilience and Hazards SEPP), s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 2.99 Cases Cited: McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Ace Chester Hill Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)