Arden CP Pty Ltd v City of Canterbury Bankstown [2017] NSWLEC 1448

Land and Environment Court New South Wales

Medium Neutral Citation: Arden CP Pty Ltd v City of Canterbury Bankstown [2017] NSWLEC 1448 Hearing dates: 27 June 2017 Date of orders: 22 August 2017 Decision date: 22 August 2017 Jurisdiction: Class 1 Before: Brown C Decision: See orders pars 81 and 82 Catchwords: MODIFICATION APPLICATIONS: two separate but related appeals against the refusal of two applications to modify an approved mixed use development - excessive height and impact on character – inadequate setbacks and building separation - poor solar and daylight access - inadequate communal and private open space - building design - configuration of car parking area - lack of variety of housing choice. Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 65 Category: Principal judgment Parties: Arden CP Pty Ltd (Applicant) City of Canterbury Bankstown (Respondent) Representation: Counsel: Mr M Seymour, barrister (Applicant) Mr A Seton, solicitor (Respondent)

Solicitors: HWL Ebsworth (Applicant) Marsdens Law Group (Respondent) File Number(s): 2017/73548, 2017/73549 Publication restriction: No

Judgment 1. COMMISSIONER: These are two separate but related appeals against the refusal of two applications to modify an approved mixed use development at 548-568 Canterbury Road, Campsie (the site). The development comprises Buildings A, B, C, D and E. The separate modification applications relate to the same building but address modifications on Levels 1 to 6 (Appeal No. 2017/73548) and Levels 7 and 8 (Appeal No. 2017/73549), individually. Some contentions relate to both appeals.