Hunt Lane Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1001

Land and Environment Court New South Wales

Medium Neutral Citation: Hunt Lane Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1001 Hearing dates: 17 and 18 October, 9, 27 and 30 November, and 14 December 2017 Date of orders: 04 January 2018 Decision date: 04 January 2018 Jurisdiction: Class 1 Before: Smithson C Decision: 1) The appeals are upheld. 2) Development applications 594/2016 and 595/2016, as amended, for mixed use developments over various lots in Canterbury Road, Lakemba are approved subject to the conditions set out in Annexures "A" and "B" respectively. 3) The applicant is to pay the respondent's reasonable costs under s.97B of the Environmental Planning and Assessment Act 1979 for assessment of the amendments to the applications, as agreed or assessed. 4) The exhibits, other than Exhibits 2, 3, J and K, are returned. Catchwords: DEVELOPMENT APPLICATION: Adjoining mixed use developments in same ownership separated by Council land used for drainage; site isolation; height and number of storeys; overdevelopment; bulk and scale; character; setbacks and building separation; design quality; traffic and parking Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Canterbury Local Environmental Plan 2012 State Environmental Planning Policy 65 Texts Cited: Canterbury Development Control Plan 2012 Apartment Design Guide Category: Principal judgment Parties: Hunt Lane Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: Ms Duggan, SC (Applicant) Mr Seton (Respondent)