Elray Property Group Pty Ltd v Canterbury-Bankstown Council [2019] NSWLEC 1344

Land and Environment Court New South Wales

Medium Neutral Citation: Elray Property Group Pty Ltd v Canterbury-Bankstown Council [2019] NSWLEC 1344 Hearing dates: Conciliation conference on 19 July 2019 Date of orders: 23 July 2019 Decision date: 23 July 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The Applicant is granted leave to amend Development Application DA-870/2018 and to rely upon the amended plans and documents listed in Condition 2 of Annexure "A" hereto. (2) The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The clause 4.6 variation request prepared by Tranplan Consulting and dated July 2019 is upheld and the width of 14.63 metres found to be satisfactory. (4) The appeal is upheld. (5) Development Application DA-870/2018 seeking consent for the demolition of existing structures, construction of an attached dual occupancy and Torrens title subdivision at the property at Lot 9 DP11727, also known as No. 16 Mary Street, Regents Park NSW 2143 is granted subject to the conditions of consent annexed hereto and marked "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Category: Principal judgment Parties: Elray Property Group Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Solicitors: S Hale, Madison Marcus (Applicant) C Montague, Hall & Wilcox (Respondent) File Number(s): 2019/51537 Publication restriction: No