KAR Group Pty Ltd v Canterbury Bankstown Council [2019] NSWLEC 1407

Land and Environment Court New South Wales

Medium Neutral Citation: KAR Group Pty Ltd v Canterbury Bankstown Council [2019] NSWLEC 1407 Hearing dates: 5-6 August 2019 Date of orders: 10 September 2019 Decision date: 10 September 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Appeal is dismissed. (2) Development consent for DA 58/2017 for the demolition of existing structures and construction of a four storey residential flat building with affordable in-fill housing as per the State Environmental Planning Policy (Affordable Rental Housing) 2009 and one basement of car parking is refused. (3) All exhibits are returned, except for Exhibits A, B and C. Catchwords: DEVELOPMENT APPEAL – residential apartment development – affordable rental housing – whether sufficient environmental planning grounds to justify contravention of development standard Legislation Cited: Bankstown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 65—Design Quality of Residential Flat Development Cases Cited: Hiep Van Nguyen v Canterbury Bankstown Council [2017] NSWLEC 1234 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Louden Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1285 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Apartment Design Guide Bankstown Development Control Plan 2015 Category: Principal judgment Parties: KAR Group Pty Ltd (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: S Schneider (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)