45 Cornelia Street Pty Ltd v Canterbury - Bankstown Council [2017] NSWLEC 1617

Land and Environment Court New South Wales

Medium Neutral Citation: 45 Cornelia Street Pty Ltd v Canterbury - Bankstown Council [2017] NSWLEC 1617 Hearing dates: 19 October 2017 Date of orders: 03 November 2017 Decision date: 03 November 2017 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The appeal is upheld; (2) Consent is granted to Development Application No. 464/2016 for demolition of onsite structures and the construction of a three storey boarding house at Lot 52, DP 7298, 45 Cornelia Street Wiley Park, subject to conditions in Annexure A; (3) The exhibits are returned with the exception of Exhibit 1, A and C. Catchwords: DEVELOPMENT APPEAL: against refusal of boarding house development – amendments to application – experts agreed on design of proposal – determination on whether the adjoining property will be isolated –satisfactory negotiations occurred – application warrants approval. Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Karavellas v Sutherland Shire Council [2004] NSWLEC Melissa Grech v Auburn Council [2004] NSWLEC 40 Trinvass Pty Ltd v Council of the City of Sydney [2015] NSWLEC 151 Texts Cited: Nil Category: Principal judgment Parties: 45 Cornelia Street Pty Ltd (Applicant) Canterbury - Bankstown Council (Respondent) Representation: Counsel: Ms S Duggan (Applicant) Mr C Zoppo (Respondent)