Nasr v Canterbury-Bankstown Council [2017] NSWLEC 1580

Land and Environment Court New South Wales

Medium Neutral Citation: Nasr v Canterbury-Bankstown Council [2017] NSWLEC 1580 Hearing dates: 9 October 2017 Date of orders: 17 October 2017 Decision date: 17 October 2017 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Modification Application No. 559/2013/A to modify development consent 559/2013 for the construction of a mixed use development at 702-704 Canterbury Road, Belmore, is approved, subject to the consolidated conditions at Annexure A. 3. The exhibits, other than exhibits 1 and H, are returned. Catchwords: MODIFICATION APPLICATION: approved mixed use development, whether changes to the basement levels including the introduction of car stackers to provide 4 additional car parking spaces results in satisfactory car parking arrangements. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Zhang v Canterbury City Council (2001) 51 NSWLR 589 Category: Principal judgment Parties: Roger Nasr (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: Mr V. Conomos solicitor (Applicant) Mr C. Zoppo solicitor (Respondent) Solicitors: Conomos Legal (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2017/47142

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97AA of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Modification Application No. 559/2013/A to modify development consent 559/2013 for a mixed use development, by adding two additional 1 bedroom apartments; 4 additional car parking spaces through the introduction of car stackers in the basement; converting two adaptable units to standard units; changing the roof form from a curved roof with attic rooms to a flat roof; and changing the internal layout (the proposal), at 702-704 Canterbury Road, Belmore (the site), by Canterbury-Bankstown Council (the Council). 2. The appeal was subject to mandatory conciliation on 6 June 2017, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached, the conciliation conference was terminated, pursuant to s 34(4) of the LEC Act. 3. Leave was granted by the Court on 27 June 2017 for the applicant to rely on an amended proposal. Leave was granted by the Court at the commencement of the hearing for the applicant to rely on a further amended proposal (the proposal, Revision D, exhibit H).