Greenpark Projects 2 Pty Ltd v Canterbury Bankstown Council [2017] NSWLEC 1003

Land and Environment Court New South Wales

Medium Neutral Citation: Greenpark Projects 2 Pty Ltd v Canterbury Bankstown Council [2017] NSWLEC 1003 Hearing dates: 22 December 2016 Date of orders: 06 January 2017 Decision date: 06 January 2017 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: minimum lot size for dual occupancy development and subdivision Legislation Cited: Land and Environment Court Act 1979; Canterbury Local Environmental Plan 2012 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Greenpark Projects 2 Pty Ltd (Applicant)

Canterbury Bankstown Council (Respondent) Representation: Counsel: Mr P Clay (Applicant)

Solicitors: Mr M Mantei Planning Law Solutions (Applicant) Mr A Seton Marsdens Law Group (Respondent) File Number(s): 285828/2016

Judgment 1. Greenpark Projects 2 Pty Ltd (Greenpark) lodged Development Application No 233/2016 with Canterbury Bankstown Council on 1 June 2016 seeking consent to demolish existing structures, construct an attached dual occupancy and Torrens Title subdivision of the land into two lots. The application applies to land known as No115 Burwood Road, Belfield. 2. The council had not determined the application within the prescribed period and Greenpark is appealing its deemed refusal.

The site and its context 1. The site comprises Lot 51 in DP 13474 and is located on the southern side of Burwood Road between Bruce Avenue and Burnham Street. It has a frontage of 15.24m, side boundaries of 30.48m (east) and 45.72m (west) and rear boundary of 21.54m resulting in a site area of 580.7m2. The rear boundary is angled to the side boundaries resulting in a wedge shaped rear yard area. 2. Development on this side of Burwood Road comprises single storey detached dwelling houses with a "corner shop" style development sited at the corner of Burwood Road and Burnham Street. Development in the vicinity of the site primarily comprises detached single and two storey dwelling houses with a dual occupancy development adjoining the rear south-eastern boundary (70 and 72 Bruce Avenue).