Binnijig Pty Ltd v Canterbury Bankstown Council [2020] NSWLEC 1086

Land and Environment Court New South Wales

Medium Neutral Citation: Binnijig Pty Ltd v Canterbury Bankstown Council [2020] NSWLEC 1086 Hearing dates: 17-18 February 2020 Date of orders: 28 February 2020 Decision date: 28 February 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application by relying on amended proposal. (2) The Applicant is to pay the costs of the Respondent thrown away as a result of the amendments of the application for development consent, as agreed or assessed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is dismissed. (4) Development Application No. 155/2018 for the demolition of existing buildings and construction of 6 storey mixed use development and two levels of basement parking is refused. (5) The exhibits, other than Exhibits 2, A and M, are returned. Catchwords: DEVELOPMENT APPLICATION – construction of a six storey mixed use development including 69 residential apartments over two levels of basement parking – contravention of the height of buildings development standard – proposal fails to demonstrate that adequate floor to ceiling heights are achieved – inadequate internal amenity – overshadowing of adjoining properties Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Binnijig Pty Ltd (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) A Seton (Solicitor) (Respondent)