Ozzy States Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1413

Land and Environment Court New South Wales

Medium Neutral Citation: Ozzy States Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1413 Hearing dates: 20 June 2017 Date of orders: 08 August 2017 Decision date: 08 August 2017 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The application (No DA-523/2014/A) to modify development consent DA-523/2014 by the addition of a new fourth floor comprising a single two bedroom unit is refused. (3) The exhibits are returned, except for exhibit A. Catchwords: APPEAL – application to modify development consent –3-storey residential flat building – additional fourth storey sought – fourth storey designed to appear as roof form - whether substantially the same – whether 3-storey character was an essential element of the development – whether the fourth floor changes the character Legislation Cited: Canterbury Development Control Plan 2012 Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 ss 79C, 96(2) Land and Environment Court Act 1979 s 39 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: Innerwest 888 Pty Ltd v Canterbury Bankstown Council [2017] NSWLEC 1241 Jaques Avenue Bondi Pty Limited v Waverley Council [No 2] [2004] NSWLEC 101 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 Moy v Warringah Council 133 LGERA 49, [2004] NSWCCA 77 SDHA Pty Ltd v Waverley Council [2015] NSWLEC 65Click here to enter text. Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Woollahra Municipal Council v D'Albora Marinas Pty Ltd (1992) 75 LGRA 46 Texts Cited: Nil Category: Principal judgment Parties: Ozzy States Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: Ms Reid (Applicant)