Warde v Canterbury-Bankstown Council [2019] NSWLEC 1322

Land and Environment Court New South Wales

Medium Neutral Citation: Warde v Canterbury-Bankstown Council [2019] NSWLEC 1322 Hearing dates: Conciliation conference on 5 July 2019 Date of orders: 09 July 2019 Decision date: 09 July 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The Applicant is granted leave to amend the modification application to rely upon the amended concept stormwater plans referred to in the table to condition 5 of Annexure A. (2) The Appeal is upheld. (3) Modification Application No. DA-274/2015/B for modification of Development Consent No. DA-274/2015 for the demolition of existing structures and the erection of an in-fill affordable housing development comprising a part three, part four storey residential flat building containing 12 apartments with basement parking and landscaping at 43 Matthews Street, Punchbowl is approved subject to the conditions in Annexure A. (4) As a consequence of Order (3), Development Consent No. DA-274/2015 is now subject to the consolidated, modified conditions of development consent set out in Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Local Government Act 1993 Texts Cited: Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Ghassan Ali Warde (First Applicant) Marwa Warde (Second Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: S Nash (Applicants)