Sydney Tools Pty Ltd v Canterbury-Bankstown Council [2019] NSWLEC 1358

Land and Environment Court New South Wales

Medium Neutral Citation: Sydney Tools Pty Ltd v Canterbury-Bankstown Council [2019] NSWLEC 1358 Hearing dates: 27, 28 March, and 21 May 2019 Date of orders: 30 August 2019 Decision date: 31 July 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant is granted leave to amend the development application and to rely on amended plans, including amended landscape plans; (2) The appeal is upheld; (3) Development application 163/2017, as amended, for the use of existing premises as a 'Sydney Tools Hardware and Building Supplies Store and Warehouse and Distribution Centre', is determined by the grant of consent, subject to the conditions attached at Annexure 'A'; (4) The exhibits are returned, except Exhibits A, B, J and 2. Catchwords: DEVELOPMENT APPLICATION – light industrial land use zone – current use not subject of consent – hardware and building supplies store – warehouse and distribution centre – traffic and access – noise. Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Road Rules 2014 State Environmental Planning Policy No 64 – Advertising and signage Cases Cited: Canterbury-Bankstown Council v Sydney Tools Pty Ltd [2019] NSWLEC 103 Jonah Pty Limited v Pittwater Council [2006] NSWLEC 99 Renaldo Plus 3 Pty Limited v Hurstville Council [2005] NSWLEC 315 Texts Cited: Building Codes of Australia (BCA) 2016 – Amendment 1, Building Codes of Australia Board Canterbury Development Control Plan 2012 Noise Policy for Industry, NSW EPA, Oct 2017 Road Noise Policy, NSW Department of Environment, Climate Change and Water, March 2011 Category: Principal judgment Parties: Sydney Tools Pty Ltd (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: A Galasso SC (Applicant)