Eastside Projects Pty Ltd v City of Canterbury Bankstown Council [2020] NSWLEC 1217

Land and Environment Court New South Wales

Medium Neutral Citation: Eastside Projects Pty Ltd v City of Canterbury Bankstown Council [2020] NSWLEC 1217 Hearing dates: 4-5 February 2020, 23 March 2020, final submission filing date 7 April 2020 Date of orders: 20 May 2020 Decision date: 20 May 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) Leave is granted to rely on amended plans listed in Annexure A. (2) The Applicant is to pay the Respondent's costs in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development Application No DA-201/2018 for demolition of existing structures and development of a five storey building, comprising: (1) a 48 room boarding house development, (2) commercial premises at ground level, and (3) associated two-level basement parking and ground level parking, at 680 New Canterbury Road Hurlstone Park, is approved subject to the conditions of consent at Annexure A. (5) The exhibits, other than Exhibits 2, A, J, K and P, are returned. Catchwords: DEVELOPMENT APPLICATION – boarding house – character compatibility – amenity Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Texts Cited: Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Eastside Projects Pty Ltd (Applicant) City of Canterbury Bankstown Council (Respondent) Representation: Counsel: J Reid (Applicant) S Kondilios (Solicitor) (Respondent)