Gungor v Canterbury-Bankstown Council [2018] NSWLEC 1500

Land and Environment Court New South Wales

Medium Neutral Citation: Gungor v Canterbury-Bankstown Council [2018] NSWLEC 1500 Hearing dates: 7 August 2018 Date of orders: 25 September 2018 Decision date: 25 September 2018 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No. DA 148/2017 for a dual occupancy development and Torrens Title subdivision at 115 Hay Street, Ashbury is refused. Catchwords: DEVELOPMENT APPLICATION: Ashbury Heritage Conservation Area – dual occupancy – respecting traditional character of Ashbury while facilitating healthy renewal – significance of localised erosion of heritage character Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Joukhador v Canterbury City Council [2015] NSWLEC 1027 Texts Cited: Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Ali Gungor (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: L Walsh (Applicant)

Solicitor: A Seton, Marsden Law Group (Respondent) File Number(s): 2018/6675 Publication restriction: No

Judgment

Introduction 1. The applicant has appealed under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Canterbury-Bankstown Council (Council) of a development application (DA 148/2017) for the demolition of existing structures, tree removal and construction of an attached dual occupancy with Torrens Title subdivision into two lots. Each of the dwellings would be two storeys and have four bedrooms with a single garage and further car parking space in the driveway. 2. The appeal was subject to mandatory conciliation on 7 August 2018 in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached, the conciliation conference was terminated, and the proceedings moved forthwith to hearing.