Roselands Star Pty Ltd v Canterbury‑Bankstown Council [2018] NSWLEC 1010

Land and Environment Court New South Wales

Medium Neutral Citation: Roselands Star Pty Ltd v Canterbury‑Bankstown Council [2018] NSWLEC 1010 Hearing dates: 13-14 November 2017, Further submissions 6 December 2017 Date of orders: 12 January 2018 Decision date: 12 January 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The applicant is granted leave to rely on amended plans at Annexure A; (2) The applicant is to pay the Respondents costs thrown away as a result of amending the development application pursuant to s 97B of the Environmental Planning and Assessment Act 1979 as may be agreed or assessed; (3) The objection to vary the height of buildings development standard 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/122/2015 for demolition of existing structures and construction of a mixed use development at Lot X in DP 418488, Lot 1and Lot 2 in DP 5115598 with a street address of 892, 898-902 and 906 Canterbury Road, Roselands is approved, subject to conditions in Annexure B; (6) The exhibits are returned with the exception of Exhibit 1, 5, J and the Class 1 Application dated 20 October 2016. Catchwords: DEVELOPMENT APPEAL: Proposed mixed use development – height variation sought – whether the transition to adjoining zone is appropriate – the relationship of residential units to communal open space - concludes application warrants approval. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Infrastructure) 2007 Land and Environment Court Act 1979 State Environmental Planning Policy 65: Design Quality of Residential Apartment Development Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 153 Lane Cove Council v Orca Partners Management Pty Ltd (No 2) [2015] NSWLEC 52 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Trinvass Pty Ltd v Council of the City of Sydney [2015] NSWLEC 151 Wehbe v Pittwater Council [2007] NSWLEC 827 Zhang v Canterbury City Council (2001) 51 NSWLR 589 Texts Cited: Residential Flat Design Code Category: Principal judgment Parties: Roselands Star Pty Ltd (Applicant) Canterbury‑Bankstown Council (Respondent) Representation: Counsel: Mr T To (Applicant) Mr A Seton (Respondent)