Wilson v Canterbury Bankstown Council [2018] NSWLEC 1077

Land and Environment Court New South Wales

Medium Neutral Citation: Wilson v Canterbury Bankstown Council [2018] NSWLEC 1077 Hearing dates: 11 and 12 September 2017 Date of orders: 09 March 2018 Decision date: 21 February 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant's cl.4.6 request to vary the development standard for lot width set out in cl4.1B of Bankstown Local Environment Plan 2013 is upheld; (2) The Applicant's cl.4.6 request to vary the development control for FSR set out in cl4.4 of Bankstown Local Environment Plan is upheld; (3) The appeal is upheld; (4) Development application DA_1075/2016 for the alterations and additions to an existing dwelling and granny flat at 68 Neville St, Bass Hill is determined by the grant of consent, subject to the conditions provided at Annexure 'A'. (5) The exhibits are returned, with the exception of Exhibit 2. Catchwords: Development Application: Pre-school; childcare centre; minimum lot width; parking and traffic; cl4.6 requests to vary development standards with respect to minimum lot width and floor space ratio; adequacy of proposed plan of management. Legislation Cited: Bankstown Local Environment Plan 2015 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Cases Cited: Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC7 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289; 129 LGERA 195 Wehbe v Pittwater Council [2007] NSWLEC 827; (2007) 156 LGERA 446 Texts Cited: Bankstown Development Control Plan 2015 Childcare Planning Guideline 2017 NSW RTA Guide to Traffic Generating Developments 2002 Category: Principal judgment Parties: Lisa Wilson (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: C. Leggett SC (Applicant) N. Hammond (Applicant) A. Seton (Respondent)