Louden Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1285

Land and Environment Court New South Wales

Medium Neutral Citation: Louden Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1285 Hearing dates: 28-29 May 2018 Date of orders: 14 June 2018 Decision date: 14 June 2018 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for the demolition of existing structures and the construction of a four storey residential flat building comprising 10 units and basement car parking at 48 Jacobs Street, Bankstown (Lot B DP 336854), subject to the conditions of consent in Annexure A and pursuant to the provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009, with dwelling numbers 3, 5, 8 and 10 to be dedicated as affordable rental housing for a period of 10 years following the issue of the occupation certificate. (3) The exhibits are returned, except for exhibits 6, A, B, D, E and H. Catchwords: APPEAL – residential flat building – minimum width at front building line – whether inconsistent with provisions of the SEPP for affordable rental housing – whether cl 4.6 request should be allowed – compatibility with character of local area – setbacks – overshadowing – privacy – suitability of site – precedent Legislation Cited: Bankstown Development Control Plan 2015 Bankstown Local Environment Plan 2015 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: Castle Constructions Pty Ltd v North Sydney Council (2007) 155 LGERA 52; [2007] NSWCA 164 Coffs Harbour Environment Centre Inc v Minister for Planning (1994) LGERA 324 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Category: Principal judgment Parties: Louden Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant)