Chidiac v Canterbury City Council [2012] NSWLEC 1335

Land and Environment Court New South Wales

Medium Neutral Citation: Chidiac v Canterbury City Council [2012] NSWLEC 1335 Hearing dates: 3 December 2012 Decision date: 06 December 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. The application to modify Development Consent 205/2011 is approved, subject to the conditions of consent attached in Annexure A. 3. The exhibits, except for exhibit 1, are returned. Catchwords: MODIFICATION APPLICATION: delete visitor parking, residential flat building, depth of retail tenancy. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Category: Principal judgment Parties: Mr J. Chidiac (Applicant) Canterbury City Council (Respondent) Representation: Mr A. Pickles Barrister (Applicant) Mr A. Seton Solicitor (Respondent) Solicitors Maclarens Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 10962 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97AA of the Environmental Planning and Assessment Act 1979 against the refusal by Canterbury City Council (the Council) to modify Development Consent 205/2011 (approved mixed commercial/residential development) by deleting the lower level of basement parking; reducing the depth of commercial tenancy 1; modifying the egress arrangements and relocating garbage and storage areas (the proposal) at 60 Earlwood Avenue, Earlwood (the site).