Gejo Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1712

Land and Environment Court New South Wales

Medium Neutral Citation: Gejo Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1712 Hearing dates: 24-25 October 2017 Date of orders: 14 December 2017 Decision date: 14 December 2017 Jurisdiction: Class 1 Before: Gray C Decision: (1) The appeal is upheld. (2) Development consent for the demolition of existing structures, consolidation of two lots and construction of a 6-storey mixed-use development comprising two buildings with 39 apartments, a commercial ground floor tenancy, a roof terrace on the rear building, two levels of basement car parking and associated landscaping at 9-11 Weyland Street, Punchbowl (DA-632/2015) is granted subject to the conditions in Annexure A. (3) The exhibits are returned, except for exhibits 3, C, E, F, H, K, L, M and N. Catchwords: APPEAL – development application – proponent seeks to continue the building form approved to the west - request to vary the height development standard – unreasonable to require compliance – Council abandoned standard by prior approvals – consistency with objectives – density – setbacks and building separation – privacy – solar access – constraints of approved development – deep soil landscaping – precedent - proposal consistent with emerging character of locality following approvals by the Council under the same planning framework Legislation Cited: Canterbury Development Control Plan 2012 Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 ss 79C, 97 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Bettar v Council of the City of Sydney [2014] NSWLEC 1070 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Stamford Property Services Pty Ltd v City of Sydney & Anor [2015] NSWLEC 1189 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Canterbury-Bankstown Council, Canterbury Road Review Department of Planning, Apartment Design Guide Category: Principal judgment Parties: Gejo Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: Mr R O'Gorman-Hughes (Applicant) Mr C Zoppo, Solicitor (Respondent)