Atom Australia Pty Ltd v City of Canterbury-Bankstown [2019] NSWLEC 1603

Land and Environment Court New South Wales

Medium Neutral Citation: Atom Australia Pty Ltd v City of Canterbury-Bankstown [2019] NSWLEC 1603 Hearing dates: Conciliation conference on 5 November 2019 Date of orders: 05 December 2019 Decision date: 05 December 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans copies of which are marked Annexure "A" for the purpose of the development application. (2) The Applicant is to pay the Respondent's costs thrown away under s8 15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $5,500.00 forthwith. (3) The appeal is upheld. (4) Development Application no. 968/2018 for the demolition of all existing buildings and ancillary structures, construction of a new boarding house, comprising one (1) basement level containing car parking (21 spaces), and 3 levels (containing 41 rooms) at 2-4 Petty Avenue, Yagoona, is approved subject to the conditions in Annexure "B". Catchwords: DEVELOPMENT APPLICATION – boarding house – character and streetscape – lot isolation – FSR – conciliation conference – agreement between the parties – orders Legislation Cited: Bankstown Development Control Plan 2014 Category: Principal judgment Parties: Atom Australia Pty Ltd (Applicant) City of Canterbury-Bankstown (Respondent) Representation: Counsel: J Cole (Solicitor) (Applicant) J Strati (Solicitor) (Respondent)

Solicitors: HWL Ebsworth Lawyers(Applicant) City of Canterbury-Bankstown (Respondent) File Number(s): 2019/149433 Publication restriction: No