Boustany v Canterbury-Bankstown Council [2018] NSWLEC 1531

Land and Environment Court New South Wales

Medium Neutral Citation: Boustany v Canterbury-Bankstown Council [2018] NSWLEC 1531 Hearing dates: 2 & 3 October 2018 Date of orders: 11 October 2018 Decision date: 11 October 2018 Jurisdiction: Class 1 Before: Morris AC Decision: (1) The Applicant is granted leave to amend Development Application No. DA-28/2018 and rely upon the amended plans that form Exhibit A and are detailed in Condition 1 of Annexure A. (2) No Orders as to costs. (3) The appeal is upheld. (4) Development Application No. DA-28/2018 for demolition of an existing dwelling, construction of a dual occupancy comprising two detached dwellings, swimming pools, car parking and landscaping and Torrens Title subdivision at 79 Trafalgar Street, Belmore is approved subject to the conditions in Annexure A. (5) Exhibits 2, 3, 4, 5, C, D and F are returned. Catchwords: DEVELOPMENT APPLICATION: dual occupancy – basement parking Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Nil Texts Cited: Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Elie Boustany (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Solicitors: G McKee, McKees Legal Solutions (Applicant) P Jackson, Pikes & Verekers Lawyers (Respondent) File Number(s): 2018/104688 Publication restriction: No