WY Constructions Pty Ltd v Canterbury – Bankstown Council [2017] NSWLEC 1671

Land and Environment Court New South Wales

Medium Neutral Citation: WY Constructions Pty Ltd v Canterbury – Bankstown Council [2017] NSWLEC 1671 Hearing dates: 2-3 November 2017, further submissions 20 November 2017 Date of orders: 28 November 2017 Decision date: 28 November 2017 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The applicant is granted leave to rely on amended plans. (2) The applicant is to pay the Respondents costs thrown away as a result of first set of amended plans pursuant to s 97B as may be agreed or assessed. (3) The objection pursuant to cl 4.6 of the Canterbury Local Environmental Plan 2012 is upheld. (4) The appeal is upheld. (5) Consent is granted to Development Application No. DA/186/2016 for demolition of existing structures and construction of a three storey residential flat building with basement car parking at Lot 89, DP 417, 27 Fletcher Street, Campsie, subject to conditions in Annexure 'A'. (6) The Exhibits are returned with the exception of Exhibits 1, J, L and the amended documents filed with the Court on 20 November 2017. Catchwords: DEVELOPMENT APPEAL: Proposed affordable rental housing – requested variation to height – whether the breach of height and setback controls results in a development that is uncharacteristic in the locality – whether the variation in height creates an unacceptable impact on the adjoining neighbours – whether the vertical level of onsite detention relative to Council's infrastructure is acceptable – amended design – experts agreed. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Cachia v Manly Council (No. 2) [2009] NSWLEC 1107 Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 153 Marinkovic v Rockdale City Council [2007] NSWLEC 71 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Texts Cited: Nil Category: Principal judgment Parties: WY Constructions Pty Ltd (Applicant) Canterbury – Bankstown Council (Respondent) Representation: Counsel: Mr A Pickles (Applicant) Ms R McCulloch (Respondent)