Edward 9 Pty Ltd v Canterbury-Bankstown Council [2019] NSWLEC 1612

Land and Environment Court New South Wales

Medium Neutral Citation: Edward 9 Pty Ltd v Canterbury-Bankstown Council [2019] NSWLEC 1612 Hearing dates: Conciliation conference on 11 November 2019 Date of orders: 10 December 2019 Decision date: 10 December 2019 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No DA-179/2018 for the demolition of existing structures and the construction of a two storey plus attic, 14 room (including manager's room) boarding house accommodating a total of 26 lodgers plus one manager, with one communal rooms, 7 car parking spaces, 3 motorbike spaces and 3 bicycle spaces on the land at Lot 5 in Deposited Plan 215816 (10 Albert Road, Croydon Park) is approved subject to the conditions of consent annexed hereto and marked "A". Catchwords: DEVELOPMENT– Demolition of existing structures and construction of boarding house – 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 (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: Edward 9 Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)