Newman v Canterbury-Bankstown Council [2020] NSWLEC 1099

Land and Environment Court New South Wales

Medium Neutral Citation: Newman v Canterbury-Bankstown Council [2020] NSWLEC 1099 Hearing dates: Conciliation conference held on 28 February 2020 Date of orders: 05 March 2020 Decision date: 05 March 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $10,000 within 28 days of the date of the orders. (2) The appeal is upheld. (3) Development Application No. 588/2016 for the demolition of the existing building and construction of a new five storey mixed-use development above basement parking at 1608-1612 Canterbury Road, Punchbowl, is approved, subject to the conditions of consent at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – construction of a five storey mixed-use development over basement parking – exceedance of the height of buildings development standard – conciliation conference – agreement between the parties. Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council [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 Category: Principal judgment Parties: Henry Newman (First Applicant) Judith Newman (Second Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: S Gadiel (Solicitor) (Applicants) P Hudson (Solicitor) (Respondent)