Bhuiyan v Canterbury-Bankstown Council (No 2)

[2022] NSWLEC 1027

Land and Environment Court

New South Wales

Medium Neutral Citation:

Bhuiyan v Canterbury-Bankstown Council (No 2) [2022] NSWLEC 1027

Hearing dates:

27 and 28 May 2021

Date of orders:

24 January 2022

Decision date:

24 January 2022

Jurisdiction:

Class 1

Before:

Bindon AC

Decision:

The Court orders:

1) The Appeal is upheld.

2) Consent is granted to Development Application No 454/2018 as amended, for demolition of all existing structures and construction of a boarding house accommodating a total of 41 boarding rooms (including a manager’s room), a communal room and basement car parking at 35-37 Shadforth Street, Wiley Park, subject to the conditions set out in Annexure A.

3) The exhibits are returned, except for A, K, L, 1 and 2.

Catchwords:

DEVELOPMENT APPLICATION – boarding house – affordable rental housing – character of local area – DCP landscaping and building envelope controls – orders

Cases Cited:

Bhuiyani v Canterbury-Bankstown Council [2021] NSWLEC 1622

Category:

Principal judgment

Parties:

Rashid Bhuiyan (Applicant)
Canterbury-Bankstown Council (Respondent)

Representation:

Counsel:
G McKee (Solicitor) (Applicant)
M Bonanno (Solicitor) (Respondent)

Solicitors:
McKees Legal Solutions (Applicant)
Canterbury-Bankstown Council (Respondent)

File Number(s):

2020/73146

Publication restriction:

No

Judgment

1. COMMISSIONER: On 20 October 2021, I handed down my reasons in the Class 1 appeal Bhuiyan v Canterbury-Bankstown Council [2021] NSWLEC 1622 (Principal Judgment) and indicated that upon satisfaction of certain directions, I foreshadowed granting consent, subject to conditions, based on the Draft Conditions agreed between the parties, as filed with the Court on 1 June 2021, and as amended by me to require the provision of four adaptable rooms.

2. In the Principal Judgment, I made the following orders:

“The Court orders that:

(1) The Court, exercising under s 39(2) of the Land and Environment Court Act 1979 the function of Canterbury Bankstown Council as the relevant consent authority under cl 55(1) of the Environmental Planning and Assessment Regulation 2000, agrees to the applicant amending the development application No. 454/2018 filed with the Court on 6 March 2020 by the addition of the following documents: See Table at Attachment 1

(2) The respondent, Canterbury Bankstown Council, as the relevant consent authority, is to lodge the amendment of the development application on the NSW planning portal within 7 days of the date of this order and notify the applicant after it has been lodged.

(3) The applicant is to file a copy of the amended development application within 7 days after the respondent has notified the applicant that the amendment has been lodged on the NSW planning portal.

(4) In the event the respondent is unable to lodge the amended application on the NSW planning portal as directed in (2) above, the respondent is to notify the Court via Online Court as soon as possible but no later than 14 days after the date of the order and request for the matter to be relisted for further directions.”

3. On 28 October 2021, the Applicant advised the Court that the documents comprising the amended application were uploaded to the NSW Planning Portal on 22 October 2021, and filed with the Court a hard copy of those documents.

4. I am therefore satisfied that my orders in the Principal Judgement have been complied with, and I now make the following orders and thereby dispose of the matter.

Orders

5. The Court orders:

1. The Appeal is upheld.

2. Consent is granted to Development Application No 454/2018 as amended, for demolition of all existing structures and construction of a boarding house accommodating a total of 41 boarding rooms (including a manager’s room), a communal room and basement car parking at 35-37 Shadforth Street, Wiley Park, subject to the conditions set out in Annexure A.

3. The exhibits are returned, except for A, K, L, 1 and 2.

………………………

J Bindon

Acting Commissioner of the Court

(Annexure A)(389018, pdf)

Decision last updated: 24 January 2022