Chen v Canterbury-Bankstown Council

[2024] NSWLEC 1154

Land and Environment Court

New South Wales

Medium Neutral Citation:

Chen v Canterbury-Bankstown Council [2024] NSWLEC 1154

Hearing dates:

Conciliation conference on 21 and 29 November 2023; 15 December 2023; 31 January 2024; 14, 21 and 28 February 2024; 6, 13, 20 and 28 March 2024

Date of orders:

04 April 2024

Decision date:

04 April 2024

Jurisdiction:

Class 1

Before:

Dixon SC

Decision:

The Court orders:

(1) The applicant is to pay the respondent’s costs ‘thrown away’ by the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $8,000 payable within 28 days of this order.

(2) The appeal is upheld.

(3) Development consent is granted to DA-1081/2022 for the demolition of existing site structures on 2 Martin Street, Roselands and construction of a multi-dwelling housing development comprising of 4 dwellings include boundary adjustments to amalgamate 2 Martin Street, Roselands with 4-6 Martin Street, Roselands, subject to conditions annexed hereto and marked ‘Annexure A’.

Catchwords:

APPEAL – development application – conciliation conference – agreement between the parties – orders

Legislation Cited:

Canterbury Local Environmental Plan 2012, cll 2.3, 2.7, 4.3, 4.4, 5.21, 6.1, 6.2, 6.4, 6.5

Canterbury-Bankstown Local Environmental Plan 2023, cl 1.8A

Environmental Planning and Assessment Act 1979, s 4.15

Environmental Planning and Assessment Regulation 2021, ss 38

Land and Environment Court Act 1979, s 34

State Environmental Planning Policy (Affordable Rental Housing) 2009

State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6

State Environmental Planning Policy (Housing) 2021, ss 16, 17, 18, 19, 21, 22; Pt 2, Div 1; Sch 7A, s 8

State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6

State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2

State Environmental Planning Policy Amendment (Housing) 2023

Category:

Principal judgment

Parties:

Andrew Chen (Applicant)
Canterbury-Bankstown Council (Respondent)

Representation:

Counsel:
M Sonter (Solicitor) (Applicant)
P Hudson (Solicitor) (Respondent)

Solicitors:
Mills Oakley (Applicant)
Marsdens Law Group (Respondent)

File Number(s):

2023/176934

Publication restriction:

Nil

JUDGMENT

1. These proceedings arise following Canterbury-Bankstown Council’s refusal of the applicant’s development application DA-1081/2022 (DA) for the demolition and construction of a multi dwelling housing development comprising of four (4) dwellings (one of which is an affordable dwelling); and boundary adjustment to amalgamate 2 Martin Street, Roselands with 4-6 Martin Street, Roselands on land identified as Lot 3 DP 210492 commonly known as 2-6 Martin Street, Roselands (site).

2. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 14 November 2023. I presided over the conciliation conference. During that process the applicant agreed to make the following amendments to the architectural plans:

• removal of the two existing driveways at 2 Martin Street, Roselands;

• an increase the width of the driveway to 5.8m;

• relocation of the drainage easement to the rear of the site and reduction of the width to 3m;

• reduction of the overall height of the proposed multi-dwelling buildings to a maximum of 7m;

• redesign of the internal layout of the 4 x 3-bedroom multi dwelling houses;

• the provision of 10 car parking spaces in the basement under 4 x multi dwelling houses;

• an increase the size of the waste storage to include 2 Martin Street; and

• reallocation of the car parking spaces for 4 – 6 Martin Street

(A detailed Schedule of the Changes – prepared by BKA Architecture and dated 29 January 2024, is located in Tab 3 of the s34 agreement bundle).

3. The amended application was renotified from 28 February 2024 to 5 March 2024 and two submissions raising issues about traffic generation, residential intensification, stormwater disposal, waste management and landscaping were received.

4. The parties submit that the concerns raised by these additional submissions have been satisfactorily addressed by the amended application. Under s 34(3) of the LEC Act, the Court must dispose of the proceedings in accordance with the parties’ decision if the Court could have made that decision in the proper exercise of its functions. The preconditions relevant to the exercise of the Court’s power to make the proposed final orders are addressed in the parties’ joint jurisdictional submission annexed to their written agreement.

5. In making the orders to give effect to the agreement between the parties, I am not required to make, and have not made, any assessment of the merits of the development application against the discretionary matters that arise pursuant to an assessment under s 4.15 of the Environmental Planning and Assessment Act 1979. However, I am satisfied, on the evidence and the submissions of the parties that there is no jurisdictional impediment to the grant of development consent as proposed. In that regard I note the following.

State Environmental Planning Policy (Resilience and Hazards) 2021 (RH SEPP)

6. Section 4.6 of the RH SEPP provides that a consent authority must not grant consent to a development unless it has considered whether the site is contaminated, and if the land is contaminated, is satisfied that the site is suitable in its contaminated site (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out.

7. The Statement of Environmental Effects (SEE) prepared by Slattery Planning Group dated 1 September 2022 (at Tab 3 of the Class 1 Application) filed with the DA has considered contamination and concluded that the site is suitable for the proposed development. Therefore, s 4.6 of the RH SEPP has been satisfactorily addressed.

State Environmental Planning Policy (Housing) 2021 (Housing SEPP)

8. Unit 4C proposes affordable housing, therefore the consent authority must consider Pt 2, Div 1 of the Housing SEPP.

9. Schedule 7A s 8 Savings and transitional provisions provides:

8 State Environmental Planning Policy Amendment (Housing) 2023

(1) An amendment made to this policy by the amending policy does not apply to the following—

(a) a development application made, but not determined, on or before 14 December 2023,

(b) a modification application made, but not determined, on or before 14 December 2023,

(c) an environmental impact statement prepared in compliance with environmental assessment requirements that were notified by the Planning Secretary on or before 14 December 2023.

(2) An amendment made to this policy by the amending policy does not apply to the carrying out of an activity by the Land and Housing Corporation after 14 December 2023 if—

(a) notice of the activity was given to the council under section 30(1)(b)(i), 43(1)(b)(i) or 108C(1)(b)(i), as in force before 14 December 2023, before 14 December 2023, and

(b) an approval required under the Act, Part 5 for carrying out the activity is granted by the determining authority before 20 December 2024.

(2A) Despite subsections (1) and (2), Chapter 4, as inserted by the amending policy, applies to a matter referred to in those subsections.

(3) In this section—

amending policy means State Environmental Planning Policy Amendment (Housing) 2023.

10. Accordingly, ss 16, 17, 18, 19, 21 and 22 of the former of the Housing SEPP apply to the amended application, as it was lodged on 25 November 2022.

11. The following sections apply to the amended application:

1. Section 16 refers to Development to which Division applies. The proposed development is consistent with s 16 of the Housing SEPP as outlined below:

1. Section 16(1)(a) is satisfied as the site is zoned R3 zone under the Canterbury Local Environmental Plan 2012 (LEP) and development for the purposes of multi dwelling housing is permissible with consent;

2. Section 16(1)(b) requires at least 20% of the gross floor area (GFA) to be used as affordable housing. Section 16(1)(b) is satisfied as the proposed development provides 25.7% of the total GFA as affordable housing;

3. Section 16(1)(c) is satisfied as the Council’s approval of DA-84/2020 under State Environmental Planning Policy (Affordable Rental Housing) 2009 acknowledged that the site is in the Greater Sydney region, within an accessible area (see Amended SEE prepared by Slattery Planning Group dated 23 February 2024 provided in Tab 10 of the s34 agreement bundle);

4. Sections 16(1)(d), 16(2) and 16(3) are not applicable to the site, however note the proposed development seeks to incorporate new multi dwelling housing (see Amended SEE prepared by Slattery Planning Group dated 23 February 2024 provided in Tab 10 of the s34 agreement bundle).

2. Section 17 refers to Floor space ratio (FSR). Clause 4.4 of the LEP permits a maximum FSR of 0.5:1. The proposed development seeks to provide 25.7% of the total GFA as affordable housing. The development proposes a total FSR of 0.757:1 and therefore complies with s 17(1)(a)(ii). Calculations of the proposed additional FSR and affordable housing proposed as Unit 4C is detailed on the Amended Architectural Plans prepared by BKA Architecture dated 29 January 2024 provided in Tab 3 of the s34 agreement bundle (see also, Amended SEE prepared by Slattery Planning Group dated 23 February 2024 provided in Tab 10 of the s34 agreement bundle);

3. Section 18 refers to non-discretionary development standards. The proposed development is consistent with s 18 of the Housing SEPP as outlined below:

1. Section 18(2)(a) requires a minimum site area of 450m². The proposed development provides a site area of 2,360.4m² (see DA-300 of the Architectural Plans prepared by BKA Architecture dated 29 January 2024 provided in Tab 3 of the s34 agreement bundle and Amended SEE prepared by Slattery Planning Group dated 23 February 2024 provided in Tab 10 of the s34 agreement bundle). Accordingly, s 18(2)(a) is satisfied.

2. Section 18(2)(b) is not applicable to the proposed development as the DA is not made by a social housing provider.

3. Section 18(2)(c) is satisfied as the proposed development meets the minimum landscape of 30%. The applicant’s architect confirmed that the proposed development provides a landscape area of 31.6% or 746.4m² (Amended SEE prepared by Slattery Planning Group dated 23 February 2024 provided in Tab 10 of the s34 agreement bundle);

4. Section 18(2)(d) requires a minimum of 15% for deep soil zones. The proposed development provides a deep soil area of 25.6% or 161.80m² shown on DA-331 of the Architectural Plans prepared by BKA Architecture dated 29 January 2024 provided in Tab 3 of the s34 agreement bundle. Accordingly, s 18(2)(d) is satisfied.

5. Section 18(d)(ii) refers to deep soil zones and requires a minimum dimension of 3m and if practicable, at least 65% of deep soil at the rear of the site. The proposed development seeks relocation of the stormwater easement to the rear of the site. Accordingly, it is not practicable to propose or calculate the rear of the site as deep soil zones (see DA-331 of the Architectural Plans prepared by BKA Architecture dated 29 January 2024 provided in Tab 3 of the s34 agreement bundle).

6. Section 18(2)(e) requires living room and private open spaces in at least 70% of the dwelling to receive at least 3 hours of direct sunlight between 9am and 3pm. The proposed development satisfies s 18(2)(e) as identified at DA-330 of the Architectural Plans prepared by BKA Architecture dated 29 January 2024 provided in Tab 3 of the s34 agreement bundle).

7. Section 18(2)(f) is not applicable as the DA is not made by a social housing provider.

8. Section 18(2)(g)(iii) requires dwellings containing 3 bedrooms to provide at least 1.5 car parking spaces. The proposed development seeks consent for 4 x 3 bedroom dwellings and provides 2 car parking spaces for each dwelling in the basement carpark and 3 visitor car parking spaces (2 in the basement and 1 at grade) (see DA-010 and DA-100 of the Architectural Plans prepared by BKA Architecture dated 29 January 2024 provided in Tab 3 of the s34 agreement bundle and Amended SEE prepared by Slattery Planning Group dated 23 February 2024 provided in Tab 10 of the s34 agreement bundle). Accordingly, s 18(2)(g) is satisfied.

9. Section 18(2)(h) is not applicable as the proposed development is not seeking consent for a residential flat building.

10. Section 18(2)(i) exceeds the minimum requirement of 115m² required by the Low Rise Housing Diversity Design Guide as units 1C, 2C and 3C provide a floor area of 122.95m², unit 4C provides a floor area of 120.19m² (see DA-100 and DA-101 of the Architectural Plans prepared by BKA Architecture dated 29 January 2024 provided in Tab 3 of the s34 agreement bundle). Accordingly, s 18(2)(i) is satisfied;

11. Section 18(2)(j) does not apply as s 2(i) applies to the proposed development.

4. Section 19 refers to Design requirements.

1. The Seniors Living Policy: Urban Design Guidelines for Infill Development does not apply to the proposed development as approval for multi dwelling housing is proposed, not seniors living (s 19(1)(a)).

2. Pursuant to s 19(1)(b), the proposed development has been designed to achieve the intent of the Low Rise Housing Diversity Design Guide (see the SEE prepared by Slattery Planning Group dated 1 September 2022 provided at Tab 3 of the Class 1 Application).

5. Section 21 requires the consent authority to be satisfied that the affordable housing component of the proposed development will be used for affordable housing of at least 15 years. The applicant intends to use unit 4C as affordable housing for at least 15 years.

6. Section 22 refers to subdivision permitted with consent. The parties note that subdivision is not proposed as part of the DA (see the SEE prepared by Slattery Planning Group dated 1 September 2022 provided at Tab 3 of the Class 1 Application).

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 (BASIX SEPP)

12. Clause 6 of the BASIX SEPP applies as the development is ‘BASIX affected development’ and a BASIX certificate must be issued for the DA. On 1 October 2023, the State Environmental Planning Policy (Sustainable Buildings) 2022 (Sustainable Buildings SEPP) came into force and repealed the BASIX SEPP. The amended application is captured by the savings and transitional provisions set out in s 4.2(1) and as such is not subject to the provisions of the Sustainable Buildings SEPP.

13. In compliance with the relevant requirements under the BASIX SEPP, the applicant has provided an amended BASIX Certificate prepared by Integreco Consulting Pty Ltd dated 29 February 2024 to reflect the proposed development. The amended BASIX Certificate is provided at Tab 13 of the s34 agreement bundle.

State Environmental Planning Policy (Biodiversity and Conservation) 2021 (BC SEPP)

14. Chapter 2 of the BC SEPP details provisions regarding the preservation and management of vegetation in non-rural areas.

15. The proposed development originally proposed to remove one (1) street tree; however this is no longer proposed in the amended application (see amended landscape plans prepared by Lisound Landscape dated 27 February 2024 at Tab 4 of the s34 agreement bundle).

16. There are no matters for consideration under the BC SEPP as no clearing of vegetation is proposed.

Canterbury Local Environmental Plan 2012 (LEP)

17. The DA was lodged on 25 November 2022 under the LEP. There is a savings provision pursuant to cl 1.8A of the Canterbury-Bankstown Local Environmental Plan 2023:

If a development application has been made before the commencement of this plan in relation to land to which this plan applies and the application has not been finally determined before that commencement, the application must be determined as if this plan had not commenced.

18. Therefore, the LEP applies to this DA.

Clause 2.3 (Zone objectives and Land Use Table)

19. The site is zoned R3 Medium Density Residential. The proposed development is permissible with consent (See the SEE prepared by Slattery Planning Group dated 1 September 2022 at Tab 3 of the Class 1 Application and Amended SEE prepared by Slattery Planning Group dated 23 February 2024 provided in Tab 10 of the s34 agreement bundle).

Clause 2.7 (Demolition requires development consent)

20. The proposed development seeks consent for demolition (see demolition plan DA-600 in the Amended Architectural Plans prepared by BKA Architecture dated 29 January 2024 at Tab 3 of the s34 agreement bundle).

Clause 4.3 (Height of buildings)

21. The maximum building height for the site is 8.5m. The proposed development will have a maximum height of 6.880m. The maximum height of the proposed development is shown at DA-200 of the Amended Architectural Plans prepared by BKA Architecture dated 29 January 2024 (Tab 3 of the s34 agreement bundle, see also Amended SEE prepared by Slattery Planning Group dated 23 February 2024 provided in Tab 10 of the s34 agreement bundle).

Clause 4.4 (FSR)

22. The maximum FSR of 0.5:1 and a bonus FSR of 0.257:1 (total of 0.757:1) is permitted on the site. The proposed development will have a total GFA of 1445.84m² (including 371.89m² of affordable housing dwellings 1B, 2B and 4C) with a FSR of 0.61:1. The proposed GFA and FSR is shown at DA-300 of the Amended Architectural Plans prepared by prepared by BKA Architecture dated 29 January 2024 (Tab 3 of the s34 agreement bundle).

Clause 5.21 (Flood planning)

23. The site is not mapped in a flood planning area (see the SEE prepared by Slattery Planning Group dated 1 September 2022 provided at Tab 3 of the Class 1 Application).

Clause 6.1 (Acid sulfate soils)

24. This clause does not apply to the site as it is not mapped within the Acid Sulfate Soils Map (see the SEE prepared by Slattery Planning Group dated 1 September 2022 provided at Tab 3 of the Class 1 Application and Amended SEE prepared by Slattery Planning Group dated 23 February 2024 provided in Tab 10 of the s34 agreement bundle).

Clause 6.2 (Earthworks)

25. The proposed development seeks consent for earthworks, including cut and fill across the site; and is consistent with the matters to be addressed pursuant to cl 6.2(3) as outlined below:

1. clause 6.2(3)(a): the proposed development will not cause disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development. The applicant has prepared the following documents:

1. Amended Stormwater Plan prepared by Greenview Consulting dated 28 November 2023 in Tab 5 of the s34 agreement bundle;

2. Addendum to SEE prepared by Slattery Planning Group dated 25 January 2024 in Tab 11 of the s34 agreement bundle; and

3. Geotechnical Investigation prepared by Assetgeoenviro dated 25 January 2024 in Tab 12 of the s34 agreement bundle;

2. clause 6.2(3)(b): the proposed earthworks will facilitate the proposed efficient use of the site with basement car parking and facilitate future residential uses on the site (see Addendum to SEE prepared by Slattery Planning Group dated 25 January 2024 in Tab 11 of the s34 agreement bundle);

3. clause 6.2(3)(c): the proposed fill to be excavated is not expected to contain contaminated material as the site has been used historically for residential uses (see Addendum to SEE prepared by Slattery Planning Group dated 25 January 2024 in Tab 11 of the s34 agreement bundle);

4. clause 6.2(3)(d): the proposed development is not expected to result in an adverse impact on the amenity or structural integrity of adjoining properties (see Addendum to SEE prepared by Slattery Planning Group dated 25 January 2024 in Tab 11 of the s34 agreement bundle);

5. clause 6.2(3)(e): excavated material will be disposed of at an appropriate off-site facility (see Addendum to SEE prepared by Slattery Planning Group dated 25 January 2024 in Tab 11 of the s34 agreement bundle);

2. clause 6.2(3)(f): the site is not identified as a heritage item and therefore the likelihood of relics on the site is considered to be low (see Addendum to SEE prepared by Slattery Planning Group dated 25 January 2024 in Tab 11 of the s34 agreement bundle); and

3. clause 6.2(3)(g) and (h): the proposed development and stormwater management system are designed to drain water into an onsite detention tank and treat water before discharge shown in the Stormwater Plans prepared by Greenview Consulting dated 25 January 2024 (in Tab 5 of the s34 agreement bundle, also see Addendum to SEE prepared by Slattery Planning Group dated 25 January 2024 in Tab 11 of the s34 agreement bundle).

Clause 6.4 (Stormwater management)

26. The proposed development has been designed and sited to mitigate any adverse environmental impact on the hydrological functions of the existing waterways and water flows by virtue of the stormwater drainage solution for the site was shown in the Amended Stormwater Plans prepared by Greenview Consulting dated 25 January 2024 (Tab 5 of the s34 agreement bundle). In this regard, there is an existing stormwater easement that runs through the property. The amended application seeks to relocate the easement to the rear of the site in line with the location as approved per the adjoining development (DA-84/200). The new location of the easement and assessment of the stormwater management principles against this clause are provided in the following:

1. is designed to maximise permeable surfaces;

2. includes stormwater filtration and retention through an OSD. Stormwater reuse on the site is not considered appropriate; and

3. avoids and mitigates significant adverse impacts of stormwater on adjoining properties, native bushland, and receiving water.

27. The applicant has also prepared the following documents to satisfy cl 6.4:

1. Flood Assessment prepared by Greenview Consulting dated 24 November 2023 provided at Tab 6 of the s34 agreement bundle;

2. HGL Analysis for proposed Residential Development prepared by Greenview Consulting prepared by Greenview Consulting dated 28 November 2023 provided at Tab 7 of the s34 agreement bundle; and

3. Amended Stormwater Plan prepared by Greenview Consulting dated 6 November 2023 provided at Tab 5 of the s34 agreement bundle.

Clause 6.6 (Essential services)

28. The applicant confirmed that adequate arrangements have been made to make available the supply of essential services as nominated in the Survey Plan (Tab 12 of the Class 1 Application):

1. water;

2. electricity;

3. sewerage;

4. stormwater drainage; and

5. vehicular access.

Conclusion and orders

29. For the above reasons I am satisfied that there is no legal impediment to the grant of development consent to the DA as amended and agreed by the parties.

30. The Court notes:

1. That Canterbury-Bankstown Council, as the relevant consent authority, has approved, under s 38 of the EPA Regulation, to the applicant amending DA-1081/2022 in accordance with the documents listed below:

Architectural Plans
Plan name	Drawing ref	Revision	Date	Prepared by
Basement Plan	DA-010	F	29 January 2024	BKA Architecture
Ground Floor Plan	DA-100	G	29 January 2024	BKA Architecture
First Floor Plan	DA-101	F	29 January 2024	BKA Architecture
Roof Plan	DA-102	F	29 January 2024	BKA Architecture
South & East Elevation	DA-200	F	29 January 2024	BKA Architecture
North & West Elevation	DA-201	F	29 January 2024	BKA Architecture
Section A-A, B-B, C-C	DA-210	G	29 January 2024	BKA Architecture
Section B-B & C-C	DA-211	F	29 January 2024	BKA Architecture
Material Finishes	DA-220	E	23 November 2023	BKA Architecture
GFA and Solar Diagrams	DA-300	F	29 January 2024	BKA Architecture
Landscaped Area Calculation	DA-330	F	29 January 2024	BKA Architecture
Deep Soil Area Calculation	DA-331	F	29 January 2024	BKA Architecture
Amendments to 4-6 Martin St	SK-010	A	29 January 2024	BKA Architecture
Subfloor Diagram	SK-011	A	29 January 2024	BKA Architecture
Pre Amalgamation Plan	DA-500	E	23 November 2023	BKA Architecture
Post Amalgamation Plan	DA-501	E	23 November 2023	BKA Architecture
Demolition Plan	DA-600	E	23 November 2023	BKA Architecture
Amended Stormwater Plans
Plan name	Drawing ref	Revision	Date	Prepared by
Cover Sheet	220372 DA C01 6	7	25 January 2024	Greenview Consulting
Basement 1 Drainage Plan	220372 DA C02 2	2	25 January 2024	Greenview Consulting
Ground Floor Drainage Plan	220372 DA C03 7	7	25 January 2024	Greenview Consulting
Roof Drainage Plan	220372 DA C04 4	4	25 January 2024	Greenview Consulting
Site Stormwater Details Sheet 1	220372 DA C05 7	7	25 January 2024	Greenview Consulting
Site Stormwater Details Sheet 2	220372 DA C06 4	4	25 January 2024	Greenview Consulting
Easement Plan	220372 DA C07 2	2	25 January 2024	Greenview Consulting
Amended Landscape Plans
Plan name	Drawing ref	Revision	Date	Prepared by
Landscape Plan	352022/01	F	27 February 2024	Lisound Landscape
Landscape Plan	352022/02	F	27 February 2024	Lisound Landscape
BASIX Plans
BASIX Stamped Plans	29 February 2024	Integreco Consulting Pty Ltd
Reports
Report name	Ref	Revision	Date	Prepared by
Flood Assessment	220372	B	24 November 2023	Greenview Consulting
HGL Analysis for proposed Residential Development	220372	-	28 November 2023	Greenview Consulting
Traffic Engineering Statement	GT22013	-	22 November 2023	Genesis Traffic
Geotechnical Investigation	7447-R1	0	25 January 2024	Assetgeoenviro
Statement regarding DA-1081/2022 and DA-84/2020 prepared by Slattery Planning Group	22001	25 January 2024	Slattery Planning Group
Amended Statement of Environmental Effects	22001	03	23 February 2024	Slattery Planning Group
Addendum to Statement of Environmental Effects	22001	7 December 2024	Slattery Planning Group
Amended BASIX certificate	1738116M	29 February 2024	Integreco Consulting Pty Ltd
BASIX and NatHERS Specification	V3	29 February 2024	Integreco Consulting Pty Ltd
NatHERS Certificate	No.0009272630	29 February 2024	Integreco Consulting Pty Ltd

2. The amended application was filed with the Court on 28 March 2024.

31. The Court orders:

1. The applicant is to pay the respondent’s costs ‘thrown away’ by the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $8,000 payable within 28 days of this order.

2. The appeal is upheld.

3. Development consent is granted to DA-1081/2022 for the demolition of existing site structures on 2 Martin Street, Roselands and construction of a multi-dwelling housing development comprising of 4 dwellings include boundary adjustments to amalgamate 2 Martin Street, Roselands with 4-6 Martin Street, Roselands, subject to conditions annexed hereto and marked ‘Annexure A’.

………………

S Dixon

Senior Commissioner of the Court

Annexure A (551797, pdf)

**********

Decision last updated: 04 April 2024