Badar v Canterbury Council [2014] NSWLEC 1149

Land and Environment Court New South Wales

Medium Neutral Citation: Badar v Canterbury Council [2014] NSWLEC 1149 Hearing dates: 25 July 2014 Decision date: 28 July 2014 Jurisdiction: Class 1 Before: Tuor C Decision: By consent: 1. The appeal is upheld 2. Development Application No. Da-50/2013 for the demolition of existing structures and the construction of an infill affordable housing development in the form of a three storey residential flat building containing nine apartments with basement level parking for 12 vehicles on the land known as Lot 148 in Deposited Plan 4357, 12 Beaumont Street, Campsie is approved subject to conditions in Annexure A. 3. The exhibits, except Exhibits 2, 5, B and C, are returned. Catchwords: DEVELOPMENT APPLICATION: Consent Orders. Affordable housing residential flat building. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Canterbury Local Environmental Plan 2013 Category: Principal judgment Parties: Talal El Badar (Applicant)

Canterbury City Council (Respondent) Representation: Mr P Clay, SC (Applicant)

Ms J McCullan, solicitor (Respondent) Conomos Legal (Applicant)

Marsdens Legal Group (Respondent) File Number(s): 10114 of 2014

Judgment 1This is an appeal against the refusal by Canterbury Council (council) of Development Application (DA-50/2013) under the Environmental Planning and Assessment Act 1979. The application proposed the construction of an in-fill affordable housing development in the form of a three storey residential flat building with basement level parking at 12 Beaumont Street, Campsie (site). 2The issues between the parties have been resolved and they are seeking consent orders from the Court.