Lakemba Hotel Pty Limited v Canterbury Bankstown Council [2017] NSWLEC 1364

Land and Environment Court New South Wales

Medium Neutral Citation: Lakemba Hotel Pty Limited v Canterbury Bankstown Council [2017] NSWLEC 1364 Hearing dates: 1 - 2, 23 June 2017 Date of orders: 13 July 2017 Decision date: 13 July 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are: (1) The objection pursuant to cl 4.6 of the Canterbury Local Environmental Plan 2012 is not sustained; (2) The appeal is dismissed; (3) Development application DA 241/2016 for demolition of existing structures on site and construction of a mixed-use development comprising 28 residential units, fit out and use of the ground floor for commercial premises (comprising a pub and bottle shop) and basement car parking at 146-148 Haldon Street Lakemba is refused. (4) The exhibits are returned with the exception of exhibits 1, A and B. Catchwords: DEVELOPMENT APPEAL: redevelopment of Lakemba Hotel – shop top housing – variation to height control – compliance with building height plane- environmental planning grounds for variation not sustained. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy 65: Design Quality of Residential Apartment Development Cases Cited: Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGERA 21 Moskovich v Waverley Council [2016] NSWLEC 1015 Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Apartment Design Guide, NSW Department of Planning and Environment Lakemba Precinct: Land Use and Infrastructure Analysis, NSW Department of Planning and Environment Category: Principal judgment Parties: Lakemba Hotel Pty Limited (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: Mr M Seymour (Respondent) Mr M Staunton (Applicant)