Ashbury Projects Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1824

Land and Environment Court New South Wales

Medium Neutral Citation: Ashbury Projects Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1824 Hearing dates: Conciliation conference on 30 September 2024 Date of orders: 19 December 2024 Decision date: 19 December 2024 Jurisdiction: Class 1 Before: Dixon SC 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 $8,750.00. (2) The application is granted. (3) Development consent DA-826/2020, which was originally granted by the Land and Environment Court on 23 November 2021 (Ashbury FMBM Pty Limited v Canterbury-Bankstown Council [2021] NSWLEC 1714) is modified in the terms set out in Annexure A. (4) Development consent which was originally granted by the Land and Environment Court on 23 November 2021 (Ashbury FMBM Pty Limited v Canterbury-Bankstown Council [2021] NSWLEC 1714) is modified by the Court, as set out in Annexure B. Catchwords: APPLICATION – modification application under s 4.55(8) of the Environmental Planning and Assessment Act 1979 to modify a Court-granted consent – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 4.56, 8.15; Sch 1, cl 10 Canterbury-Bankstown Local Environmental Plan 2023, cll 2.1, 4.3, 4.4, 5.10, 6.3 Environmental Planning and Assessment Regulation 2021, ss 38, 107, 113 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Sustainable Buildings) 2022 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Ashbury FMBM Pty Limited v Canterbury-Bankstown Council [2021] NSWLEC 1714 Texts Cited: Canterbury-Bankstown Development Control Plan 2023 NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: Ashbury Projects Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: A Whealy (Applicant) M Bonanno (Respondent)