ES Engineering & Drafting Pty Ltd trading as ES Engineering and Design v Canterbury-Bankstown Council [2017] NSWLEC 1708

Land and Environment Court New South Wales

Medium Neutral Citation: ES Engineering & Drafting Pty Ltd trading as ES Engineering and Design v Canterbury-Bankstown Council [2017] NSWLEC 1708 Hearing dates: 21 November 2017 Date of orders: 12 December 2017 Decision date: 12 December 2017 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application No. 1010/2016 for the demolition of all existing structures and the erection of four attached dwellings and the torrens title subdivision of each dwelling at 22 Lowana Street Villawood is refused. 3. The exhibits are returned with the exception of Exhibit 1. Catchwords: DEVELOPMENT APPLICATION: demolition of ail existing structures and the erection of four attached dwellings and the torrens title subdivision; whether variation to the minimum lot size development standard can be supported; whether the number of garage doors create an unacceptable impact Legislation Cited: Bankstown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 Cases Cited: Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Wehbe v Pittwater Council [2007] 156 LGERA 446 Texts Cited: Nil Category: Principal judgment Parties: ES Engineering & Drafting Pty Ltd trading as ES Engineering and Design (Applicant)

Canterbury-Bankstown Council (Respondent) Representation: Counsel: Mr M Arch, solicitor (Applicant) Mr A Seton, solicitor (Respondent)