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 JUDGMENT 1. On 29 October 2024, I handed down my reasons for judgment in the Class 1 appeal, Henroth Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1700. At [277], I directed the parties to confer and amend the conditions of consent in accordance with my reasons for judgment and to provide a copy to the Court. 2. As I am satisfied having reviewed the agreed conditions of consent provided on 14 November 2024 that they are acceptable, I now make the following 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. ………………. S Dixon Senior Commissioner of the Court Annexure A (1087352, pdf) ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 18 November 2024