Asek Trust v Canterbury Bankstown Council [2017] NSWLEC 1157

Land and Environment Court New South Wales

Medium Neutral Citation: Asek Trust v Canterbury Bankstown Council [2017] NSWLEC 1157 Hearing dates: 22 and 23 September 2016 Date of orders: 28 March 2017 Decision date: 28 March 2017 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders:

(1) The appeal is upheld. (2) The Applicant is granted leave to rely on amended plans listed in Annexure 'A' (3) Development Consent is granted to DA No. 418/2015 for redevelopment of a property at 5 Shadforth St, Wiley in accordance with the plans provided at Appendix 'A' and the conditions of consent annexed hereto as Appendix 'B'. (4) The exhibits are returned with the exception of Exhibit 1. Catchwords: Development Application: residential flat development; local character; setback controls; car stacker; Legislation Cited: Canterbury Local Environment Plan 2012 Environmental Planning and Assessment Act Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) State Environmental Planning Policy 65 - Design Quality of Residential Apartment Development Cases Cited: Soueid v Canterbury City Council (2016) NSWLEC 1420 Texts Cited: Apartment Design Guide 2015 Building Codes of Australia Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Asek Trust (Applicant) Canterbury City Council (Respondent) Representation: Counsel: McKee (Applicant) Jackson(Respondent)