ZTA Group Pty Ltd v Canterbury-Bankstown Council [2019] NSWLEC 1248

Land and Environment Court New South Wales

Medium Neutral Citation: ZTA Group Pty Ltd v Canterbury-Bankstown Council [2019] NSWLEC 1248 Hearing dates: 29 – 30 April 2019 Date of orders: 05 June 2019 Decision date: 05 June 2019 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Amended Development Application 177/2018 for demolition of existing structures, construction of attached dual occupancy dwellings, and Torrens title subdivision of one lot into two lots with a dwelling on each lot, on Lot 1 DP 29650, also known as 1A Tewinga Road, Birrong is approved, subject to the conditions in Annexure A. (3) The exhibits, except Exhibits 1, 3, 5, A, E and F are returned. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – attached dual occupancy dwellings – minimum lot size - front building line width – cl 4.6 variation request –amenity – solar access building orientation Legislation Cited: Bankstown Local Environment Plan 2015 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Bankstown Development Control Plan 2015 Category: Principal judgment Parties: ZTA Group Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Solicitors: S Shneider, Houston Dearn O'Connor (Applicant) D Loether, Bartier Perry Lawyers (Respondent) File Number(s): 2018/300757 Publication restriction: No