Urch v Canterbury-Bankstown Council [2024] NSWLEC 1732

Land and Environment Court New South Wales

Medium Neutral Citation: Urch v Canterbury-Bankstown Council [2024] NSWLEC 1732 Hearing dates: 17 July 2024 Date of orders: 15 November 2024 Decision date: 15 November 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: Proceedings No 2023/315393: The Court orders that: (1) The appeal is dismissed. Proceedings No 2023/197625: The Court orders that: (1) the appeal is upheld; (2) Development Application No. DA-1028/2022 as amended, for alterations and additions to an approved (and partially constructed) dwelling including proposed swimming pool, lift, modified entry/stair works, use of existing structures and landscape works within the front setback of the property at 12 Riverview Street, Earlwood NSW 2206, being Lot B DP 420152, is determined by the grant of consent, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – BUILDING INFORMATION CERTIFICATE APPEAL – residential premises - substantial non compliant excavation and building works on Site – agreement between the parties – s 34 agreement – resolution of both appeals – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 6.31, 8.25, 8.7 Land and Environment Court Act 1979, ss 34, 34C Canterbury Local Environmental Plan 2012, cll 4.3, 4.6 Canterbury-Bankstown Local Environmental Plan 2023 Environmental Planning and Assessment Regulation 2021, ss 37, 38 State Environmental Planning Policy (Resilience and Hazards) 2021 Cases Cited: HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 Texts Cited: Canterbury Development Control Plan 2023 National Construction Code of Australia Standards Australia, Australian Standard AS 2601 – 2001 Category: Principal judgment Parties: Stephen John Urch (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: B Dyer (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)