Statewide Planning Pty Ltd v City of Canterbury Bankstown [2017] NSWLEC 1499

Land and Environment Court New South Wales

Medium Neutral Citation: Statewide Planning Pty Ltd v City of Canterbury Bankstown [2017] NSWLEC 1499 Hearing dates: 3,4 August 2017 Date of orders: 12 September 2017 Decision date: 12 September 2017 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application No. 510/2015 for the construction of two additional residential storeys above an approved 6 storey mixed use development at 570-580 Canterbury Road, Campsie is refused. 3. The exhibits are returned with the exception of exhibit 2. Catchwords: DEVELOPMENT APPLICATION: additional two levels to an approved 6 storey mixed use development – breach of height standard – whether cl 4.6 written request supports variation to height standard - impact on character of the area – 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 Cases Cited: Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Wehbe v Pittwater Council [2007] 156 LGERA 446 Category: Principal judgment Parties: Statewide Planning Pty Ltd (Applicant) City of Canterbury Bankstown (Respondent) Representation: Counsel: Mr A Gallaso SC (Applicant) Mr A Seton, solicitor (Respondent)