Sheesha (NSW) Pty Ltd v Canterbury‑Bankstown Council [2017] NSWLEC 1658

Land and Environment Court New South Wales

Medium Neutral Citation: Sheesha (NSW) Pty Ltd v Canterbury‑Bankstown Council [2017] NSWLEC 1658 Hearing dates: 30-31 October 2017 Date of orders: 21 November 2017 Decision date: 21 November 2017 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are:

(1) The applicant is granted leave to rely on amended plans. (2) No order as to costs. (3) The appeal is dismissed. (4) Development application Da/592/2016 for the demolition of existing structures and construction of a four storey hotel, commercial tenancy and basement car parking is refused. (5) The exhibits are returned with the exception of exhibits 1, G and the Class 1 Application dated 9 March 2017. Catchwords: DEVELOPMENT APPEAL: Proposed hotel – practicality of proposed building height – streetscape presentation – pedestrian experience – street activation – variation to controls not warranted – siting of ground floor inappropriate in context – poor streetscape presentation. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Al Maha Pty Ltd v Marrickville Council [2013] NSWLEC 1072 Arnott v City of Sydney Council [2015] NSWLEC 1052 Trinvass Pty Ltd v Council of the City of Sydney [2015] NSWLEC 151 Weal v Bathurst City Council & Anor [2000] NSWCA 88 Zhang v Canterbury City Council (2001) 51 NSWLR 589; (2001) 115 LGERA 373; [2001] NSWCA 167 Texts Cited: Nil Category: Principal judgment Parties: Sheesha (NSW) Pty Ltd (Applicant) Canterbury‑Bankstown Council (Respondent) Representation: Counsel: Ms S Duggan (Applicant) Mr A Seton (Respondent)