Kolpos Pty Ltd v Canterbury Bankstown Council [2016] NSWLEC 1572

Land and Environment Court New South Wales

Medium Neutral Citation: Kolpos Pty Ltd v Canterbury Bankstown Council [2016] NSWLEC 1572 Hearing dates: 24-25 November 2016 Date of orders: 01 December 2016 Decision date: 01 December 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeals are dismissed. 2. Modification Application No.s DA576/2015/B and DA528/2015/B for an additional two floors to the approved development, rear laneway and changes to the basement parking and apartment layouts at 418-422 and 424-426 Canterbury Road, Campsie, are refused. 3. Development Application No.s 375/2016 and 376/2016 for an additional two floors to the approved development, rear laneway, changes to the basement parking and apartment layouts at 418-422 and 424-426 Canterbury Road, Campsie, are refused. 4. The exhibits, other than exhibits 1, 2, 3 and 4, are returned. Catchwords: MODIFICATION APPLICATIONS: Whether substantially the same as approved development; DEVELOPMENT APPLICATIONS: Exceedance of the height of buildings development standard. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75 DA & RA Surry Hills Pty Limited v City of Sydney Council [2015] NSWLEC 1307 Scrap Realty Pty Ltd v Botany Bay City Council (2008) 166 LGERA 342 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 2 Sydney City Council v Ilenace Pty Ltd [1984] 3 NSWLR 414 Hooker Corporation Pty Limited v Hornsby Shire Council (1986) 130 LGERA 438 Category: Principal judgment Parties: Kolpos Pty Ltd (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: Mr A. Galasso SC (Applicant) Mr A. Seton solicitor (Respondent) Solicitors: Mills Oakley (Applicant) Marsdens Lawyers (Respondent) File Number(s): 2016/189836, 2016/189815, 2016/298833, 2016/298808