Wilkie v Canterbury Bankstown Council [2018] NSWLEC 1381

Land and Environment Court New South Wales

Medium Neutral Citation: Wilkie v Canterbury Bankstown Council [2018] NSWLEC 1381 Hearing dates: 20 July 2018 Date of orders: 27 July 2018 Decision date: 27 July 2018 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are:

(1) The appeal is upheld.

(2) Development application No. 390/2016, for demolition of existing structures and the construction of a five storey mixed use development at 520 Canterbury Road Campsie is approved subject to the conditions of consent at Annexure A.

(3) The applicant is to pay the costs of the respondent that have been thrown away as a result of the amendment of the application, as agreed or assessed.

(4) The exhibits, other than Exhibits 1, and D, are returned. Catchwords: DEVELOPMENT APPLICATION: Mixed use development, height, architectural roof feature Legislation Cited: Apartment Design Guide Canterbury Development Control Plan 2012 Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development Cases Cited: Groeneveld v Wollongong City Council [2009] NSWLEC 149 Futurespace Pty Ltd v Ku-Ring-Gai Council [2009] NSWLEC 153 S J Connelly Pty Ltd v Ballina Shire Council [2010] NSWLEC 167 Category: Principal judgment Parties: Troy Wilkie (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: M Staunton (Applicant)