Henroth Pty Ltd v Canterbury-Bankstown Council (No 2) [2024] NSWLEC 1740

Land and Environment Court New South Wales

Medium Neutral Citation: Henroth Pty Ltd v Canterbury-Bankstown Council (No 2) [2024] NSWLEC 1740 Hearing dates: 17-21 June 2024 Date of orders: 18 November 2024 Decision date: 18 November 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application no. DA 91/2023 for a concept development application encompassing Stages 1 and 2 including public roads, public domain layout, building envelopes (retail, residential and childcare centre) and parking, and a detailed development application for Stage 1 including redevelopment of the southern part of the existing shopping centre, construction of basement parking, childcare centre, mixed use residential development, demolition of existing dwelling and construction of a new road, associated landscaping and civil works at 353-355 Waterloo Road and 87 Norfolk Road, Greenacre, subject to the conditions of consent in Annexure A. Catchwords: APPEAL – development application – redevelopment of existing shopping centre – concept plan and Stage 1 DA – agreed conditions Cases Cited: Henroth Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1700 Category: Principal judgment Parties: Henroth Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) G Farland / T Poisel (Respondent)

Solicitors: Mills Oakley (Applicant) Canterbury-Bankstown Council (Respondent) File Number(s): 2023/128962 Publication restriction: Nil