Basil Doumit v Canterbury - Bankstown Council [2018] NSWLEC 1028

Land and Environment Court New South Wales

Medium Neutral Citation: Basil Doumit v Canterbury - Bankstown Council [2018] NSWLEC 1028 Hearing dates: 28-29 November 2017 Date of orders: 15 March 2018 Decision date: 30 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 as listed in Condition 5 of Annexure A; (2) Pursuant to section 8.15 (previously 97B) of the Environmental Planning and Assessment Act 1979 (NSW), the applicant is to pay the respondent's costs as agreed or assessed arising from the amended plans referenced in paragraph [3] of this judgement; (3) The appeal is upheld; (4) Consent is granted to Development Application No. 635/2015 for demolition and erection of a six storey mixed use development with basement parking at 504 Burwood Road, Belmore subject to conditions in Annexure A; (5) The exhibits are returned with the exception of Exhibit 1, the applicants plans filed on 27 February 2018 and the annexed conditions. Catchwords: DEVELOPMENT APPEAL: Proposed mixed use development – variation to floor space sought – whether the density of the proposed development is appropriate – bulk and scale of proposal – adequacy of parking provision – impact on neighbouring properties. Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy 65: Design Quality of Residential Apartment Development Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 Arco Iris Trading Pty Ltd v North Sydney Council [2015] NSWLEC 113 Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 153 at [42] Glenayr Avenue Pty Ltd v Waverley Council [2013] NSWLEC 125 Hrsto v Canterbury City Council (No. 2) 2014 LGERA 184 Lane Cove Council v. Orca Partners Management (No. 2) (2015) 208 LGERA 114 at [219] Luxcon Developments No 6 Pty Limited v Woollahra Municipal Council [2017] NSWLEC 1426 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Trinvass Pty Ltd v Council of the City of Sydney [2015] NSWLEC 151 The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Wehbe v Pittwater [2007]NSWLEC 827 Zhang v Canterbury City Council (2001) 51 NSWLR 589; (2001) 115 LGERA 373; [2001] NSWCA 167 Texts Cited: Apartment Design Guide National Construction Code 2016 AS /NZ 2890.6: Parking facilities Off-street parking for people with disabilities RMS Guide to Traffic Generating Developments AS 2890.1: Parking facilities Category: Principal judgment Parties: Basil Doumit (Applicant) Canterbury‑Bankstown Council (Respondent) Representation: Counsel: Mr T To (Applicant)