Obaid Investments Australia Pty Ltd v Canterbury-Bankstown Council [2025] NSWLEC 1085

Land and Environment Court New South Wales

Medium Neutral Citation: Obaid Investments Australia Pty Ltd v Canterbury-Bankstown Council [2025] NSWLEC 1085 Hearing dates: Conciliation conference on 4 February 2025 Date of orders: 18 February 2025 Decision date: 18 February 2025 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application under s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $6,750.00 within 28 days of the issue of a tax invoice. (2) The appeal is upheld. (3) Development Application No 95/2022, as amended, for the demolition of two existing single-storey cottages and construction of a four-storey residential flat building containing 31 apartments, of which 15 apartments are affordable housing under Ch 2 of the State Environmental Planning Policy (Housing) 2021, with single level basement car parking, landscaping, stormwater and associated site works, on land legally described as Lot 5 and Lot 4 in DP22196 and known as 25-27 Waldron Road, Sefton NSW 2162, is determined by the grant of development consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 9.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Housing) 2021, s 18, Ch 2, Sch 7A Canterbury Bankstown Local Environmental Plan 2023, cl 1.8A Bankstown Local Environmental Plan 2015 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, 2015 Category: Principal judgment Parties: Obaid Investments Australia Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: J Smith (Applicant) M Bonanno (Solicitor) (Respondent)