Jin Huang v Canterbury-Bankstown Council [2017] NSWLEC 1653

Land and Environment Court New South Wales

Medium Neutral Citation: Jin Huang v Canterbury-Bankstown Council [2017] NSWLEC 1653 Hearing dates: 25 and 26 September, 2017 Date of orders: 21 November 2017 Decision date: 21 November 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is dismissed 2. Development Application DA295/2016 for a mixed use development at 1-3 Weyland Street, Punchbowl is refused. 3. The exhibits, except Exhibits A, B and 3, are returned. Catchwords: DEVELOPMENT APPLICATION: mixed use development; calculation of height; whether height exceedence; whether clause 4.6 variation required; setbacks and building separation; design quality of apartments; ceiling heights; solar access; natural ventilation; communal open space; streetscape character; area in transition; adequacy of onsite stormwater detention; adequacy of basement car park design having regard to AS2890.1; precedent Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Canterbury Local Environmental Plan 2012 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Texts Cited: Canterbury Development Control Plan 2012 Apartment Design Guide 2015 Australian Standard AS2890.1:2004 Category: Principal judgment Parties: Jin Huang (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: Ms L-M Saw, barrister (Applicant) Ms S Puckeridge (Respondent)