Grandview Estate Pty Limited v Bankstown City Council [2007] NSWLEC 841

Land and Environment Court of New South Wales

CITATION : Grandview Estate Pty Limited v Bankstown City Council [2007] NSWLEC 841

APPLICANT Grandview Estate Pty Limited PARTIES : RESPONDENT Bankstown City Council

FILE NUMBER(S) : 11104 of 2006

CORAM: Tuor C

KEY ISSUES: Development Application :- Residential Flat Buildings Setback and landscape buffer to Hume Highway and Stacey Street

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Bankstown Local Environmental Plan 2001 State Environmental Planning Policy No 65

CASES CITED: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472

DATES OF HEARING: 19 and 20/11/2007

DATE OF JUDGMENT: 24 December 2007

APPLICANT Mr D Wilson, barrister

SOLICITORS LEGAL REPRESENTATIVES: Mark McDonald & Associates

RESPONDENT Mr A Seton, solicitor of Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

24 December 2007

11104 of 2006 Grandview Estate Pty Ltd v Bankstown City Council

JUDGMENT

1 COMMISSIONER: This is an appeal against the refusal by Bankstown City Council (the council) of a development application (1042/2005) under the Environmental Planning and Assessment Act 1979 (the Act) to demolish existing structures and construct new residential flat buildings at 177-183 Banksia Road and 315 Hume Highway, Greenacre (the site). 2 For the reasons set out in this judgment I have concluded that the appeal should be dismissed and development consent refused. The site and its context 3 The site is four allotments (lot 2 DP 552715, lot B DP 414318, lot 2 DP 703355 and lot 1 DP 703355). It is located on the south east corner of the Hume Highway and Stacey Street which are both classified as State Roads. The part of Stacey that immediately adjoins the development is used as a service road (Old Stacey Street) this is closed to the Hume Highway but merges with that part of Stacey Street, which connects to the Highway. 4 The site has an area of 10,156 sqm with frontages of about 65m to the Hume Highway, 45m to Old Stacey Street and 101m to Banksia Road. The site has a fall of about 6m from north west to south west with a change in level of about 3m at the existing boundary of 315 Hume Highway and 177 Banksia Road. 5 There are two storey brick houses each on 181 and 183 Banksia Road and brick and metal industrial buildings on the rest of the site. 6 Adjoining the site to the north is a service station and industrial development is on the opposite side of the Hume Highway. A water tower is diagonally opposite the site on the north west corner of the Hume Highway and Stacey Street. Adjoining the site to the east and on the opposite side of Banksia Road are detached dwellings of 1 and 2 storeys. The history of the proposal 7 The application was lodged on 27 September 2005 and was notified to adjoining and nearby residents. Council received 68 objections (including 65 pro forma letters) and a petition with 40 signatures supporting the proposal. Council refused the application on 14 March 2006. The appeal was lodged on 17 November 2006. Amended plans were prepared and renotified and a similar number of objections were received. The Proposal 8 The proposal, as amended, involves the demolition of the existing buildings and construction of 6 residential flat buildings containing a total of 91 units and basement parking for 170 cars. The buildings comprise: · Block A, Banksia Road, 2 storeys plus loft with 6 units · Block B, Banksia Road, 2 storeys plus loft with 10 units · Block C, corner of Stacey Street and the Hume Highway, part 3/4/5 storeys with 35 units. · Block D, Hume Highway, four storeys with 16 units · Block E, part 2/3 storeys with 12 units. · Block F, 3 storeys plus loft with 12 units 9 The proposal includes a 2.8m acoustic wall setback 3m from the Hume Highway and Old Stacey Street boundaries. The wall comprises a 2m masonry wall and 0.8m transparent panel. On the Hume Highway the wall is screened behind a 1m earth mound and therefore has the appearance of a 1.8m fence. 10 Access and egress to the car park is off Banksia Road with an exit only into Old Stacey Street. Planning Framework 11 The site is zoned 3(b) Business – Other Centres under Bankstown Local Environmental Plan 2001 (LEP 2001). The proposed development is permissible with consent within the zone. The objectives of the zone are: